Infokiri

Dokumendiregister	Terviseamet
Viit	10.2-6/24/184-1
Registreeritud	06.03.2024
Sünkroonitud	26.03.2024
Liik	Sissetulev dokument
Funktsioon	10.2 Toodete terviseohutusega seotud toimingud
Sari	10.2-6 Teabenõuded, selgitustaotlused, märgukirjad toodete ohutuse valdkonnas
Toimik	10.2-6/2024
Juurdepääsupiirang	Avalik
Juurdepääsupiirang
Adressaat	Majandus- ja Kommunikatsiooniministeerium
Saabumis/saatmisviis	Majandus- ja Kommunikatsiooniministeerium
Vastutaja	Enda Veskimäe (TA, Peadirektori asetäitja (1) vastutusvaldkond, Kemikaaliohutuse osakond)
Originaal	Ava uues aknas

Dokument on kokkuvõtte tegemiseks liiga mahukas (732724 tm).

Failid

E-kiri.eml

FLB Regulation 4CT seisuga 03.03.24 kell 12.54 wk03443.en24.pdf

Interinstitutional files: 2022/0269 (COD)

Brussels, 04 March 2024

WK 3443/2024 INIT

LIMITE

MI COMPET CONSOM POLCOM ENFOCUSTOM

JAI EMPL SOC CODEC UD

This is a paper intended for a specific community of recipients. Handling and further distribution are under the sole responsibility of community members.

NOTE

From: Presidency To: Delegations

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on prohibiting products made with forced labour on the Union market - 4-column document of 1/03/2024

How to read the 5-column document

Dear colleagues,

Please find enclosed the latest version of the 5-column document:

- # Green lines are those were both mandates match, where the Parliament agreed to take on board Council wording, or where a simple technical solution was already found.

- # Yellow lines are for technical issues where the Parliament and Council are not too far apart but need to work on a compromise at technical level. Several yellow lines are pending on decisions to be taken on red lines.

- # Red lines are political issues. Parliament and Council will work towards possible compromises but the final decisions will have to be left for the political trilogue.

WK 3443/2024 INIT LIMITE EN

- # White lines are repetitions and will not be dealt with.

As the Council's mandate has been significantly restructured, this also affects the structure of the 4- column document. The 4-column document should be read in the following way : • It follows the Council's structure. In general that should match what is the Commission and EP

columns. • However, in several instances, it means that there is one row with the Commission and matching EP

text, and then another separate row with the Council text. For ease of use, the EP mandate has then been added in the "auxiliary column" (column to the right of the Council text).

• The lines that are still white/with no colour are repetitions of lines due to restructuration and should be ignored. For technical reasons, it is not possible to delete these lines.

• The draft agreement can be found in the 5th column.

WK 3443/2024 INIT LIMITE EN

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on prohibiting products made with forced labour on the Union market (Text with EEA relevance) 2022/0269(COD) 03- 03-2024 at 12h54 1/378

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on

prohibiting products made with forced labour on the Union market (Text with EEA relevance) 2022/0269(COD)

[Version for Trilogue on March 4, 2024]

03-03-2024 at 12h54

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Formula

G 1

2022/0269 (COD)

Text Origin: Commission

Proposal

Proposal Title

G 2

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market

(Text with EEA relevance)

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market

(Text with EEA relevance)

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market and

amending Directive (EU)

2019/1937 (Text with EEA relevance)

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market and

amending Directive (EU)

2019/1937 (Text with EEA relevance)

Text Origin: Council

Mandate

Formula

G 3

THE EUROPEAN

THE EUROPEAN G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

Text Origin: Commission

Proposal

Citation 1

G 4

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Text Origin: Commission

Proposal

Citation 2

G 5

Having regard to the

proposal from the European

Commission,

Having regard to the

proposal from the European

Commission,

Having regard to the

proposal from the European

Commission,

Having regard to the

proposal from the European

Commission,

Text Origin: Commission

Proposal

Citation 3

G 6

After transmission of the

draft legislative act to the

national parliaments,

After transmission of the

draft legislative act to the

national parliaments,

After transmission of the

draft legislative act to the

national parliaments,

After transmission of the

draft legislative act to the

national parliaments,

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Citation 4

G 7

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Text Origin: Commission

Proposal

Citation 5

G 8

Acting in accordance with

the ordinary legislative

procedure,

Acting in accordance with

the ordinary legislative

procedure,

Acting in accordance with

the ordinary legislative

procedure,

Acting in accordance with

the ordinary legislative

procedure,

Text Origin: Commission

Proposal

Formula

G 9

Whereas:

Text Origin: Commission

Proposal

Recital 1

R 10

(1) As recognised in the

Preamble to the 2014

Protocol to Convention No.

29 on forced labour (‘ILO

Convention No. 29’) of the

International Labour

Organization (‘ILO’), forced

(1) As recognised in the

Preamble to the 2014

Protocol to Convention No.

29 on forced labour (‘ILO

Convention No. 29’) of the

International Labour

Organization (‘ILO’), forced

(1) As recognised in the

Preamble to the 2014

Protocol to Convention No.

29 on forced labour (‘ILO

Convention No. 29’) of the

International Labour

Organization (‘ILO’), forced

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

labour constitutes a serious

violation of human dignity

and fundamental human

rights. The ILO declared the

elimination of all forms of

forced or compulsory labour

as a principle concerning the

fundamental rights. The ILO

classifies ILO Convention

No. 29, the 2014 Protocol to

Convention No. 29 and the

ILO Convention No.105 on

the abolition of forced

labour (‘ILO Convention

No.105’) as fundamental

ILO Conventions1. Forced

labour covers a wide variety

of coercive labour practices

where work or service is

exacted from persons that

have not offered it

themselves voluntarily.2

_________ 1.

https://www.ilo.org/global/standard

s/introduction-to-international-

labour-standards/conventions-and-

recommendations/lang--

en/index.htm.

2. The ILO definition of forced

labour according to the ILO Forced

Labour Convention, 1920 (No. 29),

What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery and

human trafficking) (ilo.org).

labour constitutes a serious

violation of human dignity

and fundamental human

rights, contributes to the

perpetuation of poverty and

stands in the way of the

achievement of decent work

for all. The ILO declared the

elimination of all forms of

forced or compulsory labour

as a principle concerning the

fundamental rights. The ILO

classifies ILO Convention

No. 29, including the

supplementing the 2014

Protocol to Convention No.

29 and the Forced Labour

(Supplementary Measures)

Recommendation No. 203

and the ILO Convention

No.105 on the abolition of

forced labour (‘ILO

Convention No.105’) as

fundamental ILO

Conventions1.16 and issues

recommendations to

prevent, eliminate, and

remedy forced labour16a.

Forced labour includes

work and services, which is

performed or provided

along the value chain, and

is exacted from any person

under the threat of a

penalty and for which the

person has not offered

himself or herself

labour constitutes a serious

violation of human dignity

and fundamental human

rights. The ILO declared the

elimination of all forms of

forced or compulsory labour

as a principle concerning the

fundamental rights. The ILO

classifies ILO Convention

No. 29, the with its 2014

Protocol to Convention No.

29 and the ILO Convention

No.105 on the abolition of

forced labour (‘ILO

Convention No.105’) as

fundamental ILO

Conventions1. Forced labour

covers a wide variety of

coercive labour practices

where work or service is

exacted from persons that

have not offered it

themselves voluntarily.2

_________ 1.

https://www.ilo.org/global/standard

s/introduction-to-international-

labour-standards/conventions-and-

recommendations/lang--

en/index.htm.

2. The ILO definition of forced

labour according to the ILO Forced

Labour Convention, 1920 (No. 29),

What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery and

human trafficking) (ilo.org).

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

voluntarily17. According to

the ILO and the UN, some

economic activities in

certain productive sectors

such as processing,

agriculture, garment and

fisheries, and in certain

services sector, such as

transportation, storage and

logistics, cleaning and

seasonal work have a

higher occurrence of forced covers a wide variety of

coercive labour17a. This

definition applies to practices where work or

service exacted by

governments and public

authorities as well as

private bodies and

individuals. The ILO has

developed several indicators

used to identify and indicate

cases of forced labour, such

as threats and actual

physical and sexual harm,

abuse of vulnerability,

abuse of working and living

conditions and excessive

overtime, deception,

restriction of movement or

confinement to the

workplace or a limited area,

isolation, debt bondages,

withholding wages or

excessive wage reduction,

retention of passports and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

identity documents or threat

of denunciation to the

authorities when the worker

has an irregular

immigration status17b.

Forced labour is very often

linked to poverty and

discrimination. The

manipulation of credit and

debt, either by employers or

by recruiting agents, is still

a key factor that traps

vulnerable workers in

forced labour situations17c.

The European Court of

Human Rights has

repeatedly found that,

under Article 4 of the

European Convention on

Human Rights, initial

consent and voluntariness

become null and void if

there is an abuse of position

of vulnerability17d.

According to the ILO

supervisory bodies, prison

labour, including where it is

performed for private

companies, is not in itself

constitutive of forced labour

provided that it is done on a

voluntary basis, for the

benefit of the prisoner and

approximates the conditions

of a free labour

relationshipis exacted from

persons that have not offered

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

it themselves voluntarily.2

Community work as an

alternative penal sanction to

imprisonment should

always be in the public

general interest and should,

under no circumstances, be

abused by States as means

to degrade the convicted

person or deprive the

person of their dignity17e. In

cases in which work or

service is imposed by

exploiting the worker's

vulnerability, under the

threat of a penalty, such

threat does not need to take

the form of a penal sanction

but might take the form also

of a loss of rights or

benefits.

__________________ 16https://www.ilo.org/global/

standards/introduction-to-

international-labour-

standards/conventions-and-

recommendations/lang--

en/index.htm.

16a ILO Forced Labour

(Supplementary Measures)

Recommendation, 2014.

17 The ILO definition of

forced labour according to

the ILO Forced Labour

Convention, 1920 (No. 29),

What is forced labour,

modern slavery and human

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

trafficking (Forced labour,

modern slavery and human

trafficking) (ilo.org).

17a UNODC (United

Nations Office on Drugs

and Crime), “Global Report

on Trafficking In Persons ”

2020,

https://www.unodc.org/docu

ments/data-and-

analysis/tip/2021/GLOTiP_

2020_15jan_web.pdf

17b

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

declaration/documents/publ

ication/wcms_203832.pdf

17c ILO, the Profits and

Poverty: The economics of

forced labour:

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

declaration/documents/publ

ication/wcms_243391.pdf

17d ECHR, Chowdury and

Others v Greece (21884/15)

and Zoletic and Others v.

Azerbaijan (20116/12)

cases.

17e

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

relconf/documents/meeting

document/wcms_089199.pdf

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Page 27 _________ 1.

https://www.ilo.org/global/standar

ds/introduction-to-international-

labour-standards/conventions-and-

recommendations/lang--

en/index.htm.

2. The ILO definition of forced

labour according to the ILO

Forced Labour Convention, 1920

(No. 29), What is forced labour,

modern slavery and human

trafficking (Forced labour, modern

slavery and human trafficking)

(ilo.org).

Recital 2

Y 11

(2) The use of forced labour

is widespread in the world. It

is estimated that about 27.6

million people were in

forced labour in 2021.1

Vulnerable and marginalised

groups in a society are

particularly susceptible to be

pressured into performing

forced labour. Even when it

is not state imposed, forced

labour is often a

consequence of a lack of

good governance of certain

economic operators.

_________ 1. The 2021 Global Estimates of

Modern Slavery,

https://www.ilo.org/wcmsp5/group

s/public/---ed_norm/---

(2) The use of forced labour

is widespread in the world. It

is estimated that about 27.6

million people were in

forced labour in 202118.1

Vulnerable and marginalised

groups in a society, such as

women, children, ethnic

minorities, persons with

disabilities, lower casters,

indigenous and tribal

people, migrants, especially

if they are undocumented,

have a precarious status

and operate in the informal

economy, are particularly

susceptible to be pressured

into performing forced

labour. Even when it is not

(2) The use of forced labour

is widespread in the world. It

is estimated that about 27.6

million people were in

forced labour in 2021.1

Vulnerable and marginalised

groups in a society are

particularly susceptible to be

pressured into performing

forced labour. Even when it

is not state imposed, forced

labour is often a

consequence of a lack of

good governance of certain

economic operators.

_________ 1. The 2021 Global Estimates of

Modern Slavery,

https://www.ilo.org/wcmsp5/group

s/public/---ed_norm/---

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

ipec/documents/publication/wcms_

854733.pdf.

state imposed, forced labour

is often a consequence of

athe absence or lack of good

governance of certain

economic operators and a

demonstration of a state’s

failure to enforce social and

labour rights, particularly

for vulnerable and

marginalised groups.

Forced labour can also take

place as a result of

authorities' tacit consent.

Women and girls account

for 11.8 million of the total

number of people engaged

in forced labour. More than

3.3 million of all those

engaged in forced labour

are children. Between 2016

and 2021, the estimated

number of people engaged

in forced labour increased

by 2.7 million18a. Migrant

workers who are not

protected by law or are

unable to exercise their

rights face a higher risk of

exposure to forced labour

than other workers do.

According to the ILO, 15 %

of all adults engaged in

forced labour are

migrants18b. The Union's

Agency for Fundamental

Rights has found that this is

also the case within the

ipec/documents/publication/wcms_

854733.pdf.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Union. Abusive employers

use the weak position of

migrant workers to force

them to work for endless

hours with no or little pay,

often in dangerous settings,

and without the minimum

safety equipment required

by law18c. The vast majority

of forced labour occurs in

the private sector, in

particular through forced

labour exploitation (17.3

million people), which

accounts for 86 % of all

forced labour cases18d. The

obligations of economic

operators set out in this

Regulation should be

predictable and clear in

order to ensure full and

effective compliance and

contribute to bringing

forced labour to an end.

__________________

18 The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf.

18a The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf

18b The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf

18c

https://fra.europa.eu/en/con

tent/protecting-migrant-

workers-exploitation-fra-

opinions

18d The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf _________ 1. The 2021 Global Estimates of

Modern Slavery,

https://www.ilo.org/wcmsp5/group

s/public/---ed_norm/---

ipec/documents/publication/wcms_

854733.pdf.

Recital 3

R 12

(3) The eradication of

forced labour is a priority for

(3) The eradication of

forced labour in all its

(3) The eradication of

forced labour is a priority for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Union. Respect for

human dignity and the

universality and

indivisibility of human rights

are firmly enshrined in

Article 21 of the Treaty on

European Union. Article

5(2) of the Charter of

Fundamental Rights of the

European Union and Article

4 of the European

Convention on Human

Rights provide that no one is

to be required to perform

forced or compulsory labour.

The European Court of

Human Rights has

repeatedly interpreted

Article 4 of the European

Convention on Human

Rights as requiring Member

States to penalise and

effectively prosecute any act

maintaining a person in the

situations described set out

in Article 4 of the European

Convention on Human

Rights.1

_________ 1. For instance paras. 89 and 102 in

Siliadin v. France or para. 105 in

Chowdury and Others v. Greece.

forms, including state

imposed forced labour, is a

priority for the Union.

Respect for human dignity

and the universality and

indivisibility of human rights

are firmly enshrined in

Article 21 of the Treaty on

European Union. In order to

achieve Target 8.7 of the

Sustainable Development

Goals, the Union should

uphold and promote its

values and contribute to the

protection of human rights,

in particular the rights of

the child. Article 5(2)5 of

the Charter of Fundamental

Rights of the European

Union explicitly prohibits

slavery, servitude, forced or

compulsory labour and

trafficking in human beings

and Article 4 of the

European Convention on

Human Rights provide that

no one is to be required to

perform forced or

compulsory labour. The

European Court of Human

Rights has repeatedly

interpreted Article 4 of the

European Convention on

Human Rights as requiring

Member States to penalise

and effectively prosecute

any act maintaining a person

the Union. Respect for

human dignity and the

universality and

indivisibility of human rights

are firmly enshrined in

Article 21 of the Treaty on

European Union. Article

5(2) of the Charter of

Fundamental Rights of the

European Union and Article

44(2) of the European

Convention on Human

Rights provide that no one is

to be required to perform

forced or compulsory labour.

The European Court of

Human Rights has

repeatedly interpreted

Article 4 of the European

Convention on Human

Rights as requiring Member

States to penalise and

effectively prosecute any act

maintaining a person in the

situations described set out

in Article 4 of the European

Convention on Human

Rights.1

_________ 1. For instance, Judgment of the

European Court of Human Rights

of XX, Siliadin v. France, paras.

89 and 102 in Siliadin v. France or

para. 105 inor Judgement of the

European Court of Human Rights

of XX, Chowdury and Others v.

Greece, para. 105.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

in the situations described

set out in Article 4 of the

European Convention on

Human Rights.119 The right

to effective remedies for

violations of fundamental

rights is a human right, and

a fundamental element in

the process of effective

prosecution of crimes.

Existing Union law, the UN

Guiding Principles on the

Business and Human

Rights (UNGPs), the

Council of Europe and the

OECD affirm that victims

have the right to an

effective remedy for

business-related human

rights violations or abuses,

including forced labour.

__________________

19 For instance paras. 89

and 102 in Siliadin v.

France or para. 105 in

Chowdury and Others v.

Greece. _________ 1. For instance paras. 89 and 102

in Siliadin v. France or para. 105

in Chowdury and Others v. Greece.

Recital 4

R 13

(4) All Member States have

ratified the fundamental ILO

(4) All Member States have

ratified the fundamental ILO

(4) All Member States have

ratified the fundamental ILO

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Conventions on forced

labour and child labour.1

They are therefore legally

obliged to prevent and

eliminate the use of forced

labour and to report

regularly to the ILO.

_________ 1.

https://www.ilo.org/wcmsp5/group

s/public/---europe/---ro-geneva/---

ilo-

brussels/documents/publication/wc

ms_195135.pdf.

Conventions on forced

labour and child labour20.1

They are therefore legally

obliged to prevent and

eliminate the use of forced

labour and to report

regularly to the ILO.

However, there are Member

States which have not yet

ratified the Protocol to ILO

Convention No. 29, despite

Council Decisions calling

on Member States for a

ratification and

implementation20a. The ILO

estimates that there are 880

000 forced labour victims

inside the Union, in

addition to the forced

labour involved inter alia in

the Union’s imports from

the rest of the world20b .

Moreover, there continue to

be shortcomings in the

implementation of the

fundamental ILO

Conventions20c. It is

necessary that Member

States fully implement the

fundamental ILO

conventions and correctly

transpose all the Union

legislation aimed at

combating forced labour,

labour rights violations and

human trafficking in order

to enforce the import and

Conventions on forced

labour andILO Convention

No. 29 and ILO Convention

No. 182 on worst forms of child labour.1 They are They

therefore legally

obligedhave the obligations

to prevent and eliminate the

use of forced labour and to

report regularly to the ILO.

_________ 1.

https://www.ilo.org/wcmsp5/group

s/public/---europe/---ro-geneva/---

ilo-

brussels/documents/publication/wc

ms_195135.pdf.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

export ban of any product

or service using forced

labour. This Regulation

aims to legally bind

Member States to prevent

and bring to an end the use

of forced labour, to provide

to victims protection and

access to remedy and

effective remediation, such

as compensations, to

penalise non-compliance

with decisions referred to in

Article 6(4). According to

the ILO, remediation

remains one of the key

policy priorities for

addressing forced labour.

In that regard, Protocol to

ILO Convention No. 29

stipulates that all victims of

forced or compulsory

labour, irrespective of their

presence or legal status in

the national territory,

should have access to

appropriate and effective

remedies, such as

compensations. The third

pillar of the UN Guiding

Principles on Business and

Human Rights stipulates

that remediation is a

fundamental right and may

include apologies,

restitution, rehabilitation,

financial or non-financial

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

compensation and punitive

sanctions - whether

criminal or administrative,

such as fines -, as well as

the prevention of harm

through, for example,

injunctions or guarantees of

non-repetition.

__________________

https://www.ilo.org/wcmsp5/

groups/public/---europe/---

ro-geneva/---ilo-

brussels/documents/publicat

ion/wcms_195135.pdf.

20a Council Decision (EU)

2015/2071 of 10 November

2015 authorising Member

States to ratify, in the

interests of the European

Union, the Protocol of 2014

to the Forced Labour

Convention, 1930, of the

International Labour

Organisation as regards

Articles 1 to 4 of the

Protocol with regard to

matters relating to judicial

cooperation in criminal

matters (OJ L 301,

18.11.2015, p. 47) and

Council Decision (EU)

2015/2037 of 10 November

2015 authorising Member

States to ratify, in the

interests of the European

Union, the Protocol of 2014

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the Forced Labour

Convention, 1930, of the

International Labour

Organisation with regard to

matters relating to social

policy (OJ L 298,

14.11.2015, p. 23).

20b ILO 2012 Global

Estimate of Forced Labour:

https://www.ilo.org/wcmsp5/

groups/public/---europe/---

ro-geneva/---ilo-

brussels/documents/generic

document/wcms_184975.pdf

20c 20c The ILO

supervisory bodies’

comments on the

application of Conventions

on forced labour can be

found under

(https://www.ilo.org/dyn/nor

mlex/en/f?p=1000:20010:::

NO:::) _________ 1.

https://www.ilo.org/wcmsp5/group

s/public/---europe/---ro-geneva/---

ilo-

brussels/documents/publication/wc

ms_195135.pdf.

Recital 5

Y 14

(5) Through its policies and

legislative initiatives the

Union seeks to eradicate the

use of forced labour. The

(5) Through its policies and

legislative initiatives the

Union seeks to eradicate the

use of forced labour and

(5) Through its policies and

legislative initiatives the

Union seeks to eradicate the

use of forced labour. The

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Union promotes due

diligence in accordance with

international guidelines and

principles established by

international organisations,

including the ILO, the

Organisation for Economic

Co-operation and

Development (hereinafter

“OECD”) and the United

Nations (hereinafter “UN”),

to ensure that forced labour

does not find a place in the

value chains of undertakings

established in the Union.

promote decent work and

labour rights worldwide.

The Union promotes due

diligence in accordance with

international guidelines and

principles established by

international organisations,

including the ILO, the

Organisation for Economic

Co-operation and

Development (hereinafter

“OECD”) and the United

Nations (hereinafter “UN”),

to ensure that forced labour

does not find a place in the

valuesupply chains of

undertakings established in

the Union.

Union promotes due

diligence in accordanceline

with international guidelines

and principles established by

international organisations,

including the ILO, the

Organisation for Economic

Co-operation and

Development (hereinafter

“OECD”) and the United

Nations (hereinafter “UN”),

to ensure that forced labour

does not find a place in the

value chains of undertakings

established in the Union.

Recital 6

Y 15

(6) Union trade policy

supports the fight against

forced labour in both

unilateral and bilateral trade

relationships. The trade and

sustainable development

chapters of Union trade

agreements contain a

commitment to ratify and

effectively implement the

fundamental ILO

Conventions, which include

ILO Convention No. 29 and

ILO Convention No. 105.

Moreover, unilateral trade

(6) Union trade policy

supports the fight against

forced labour in both

unilateral and bilateral trade

relationships. The trade and

sustainable development

chapters of Union trade

agreements contain a

commitment to ratify and

effectively implement the

fundamental ILO

Conventions, which include

ILO Convention No. 29 and

ILO Convention No. 105,

whereas trade and gender

(6) Union trade policy

supports the fight against

forced labour in both

unilateral and bilateral trade

relationships. The trade and

sustainable development

chapters of Union trade

agreements contain a

commitment to ratify and

effectively implement the

fundamental ILO

Conventions, which include

ILO Convention No. 29 and

ILO Convention No. 105.

Moreover, unilateral

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

preferences under the

Union’s General Scheme of

Preferences could be

withdrawn for serious and

systematic violations of ILO

Convention No. 29 and ILO

Convention No. 105.

chapters and provisions

establish a gender lens that

is essential for the economic

empowerment of women in

order to combat gendered

forced labour. Moreover,

unilateral trade preferences

under the Union’s General

Scheme of Preferences

couldcan be withdrawn for

serious and systematic

violations of ILO

Convention No. 29 and ILO

Convention No. 105.

tradetariff preferences under

the Union’s General Scheme

of Preferences1 could be

withdrawn for serious and

systematic violations of ILO

Convention No. 29 and ILO

Convention No. 105.

_________ 1. Regulation (EU) No 978/2012

of the European Parliament and

of the Council of 25 October 2012

applying a scheme of generalised

tariff preferences and repealing

Council Regulation (EC) No

732/2008, OJ L 303, 31.10.2012,

p. 1-82.

Recital 6a

Y 15a

(6a) Forced labour has a

distinct impact on

vulnerable and

marginalised groups, such

as children, women,

migrants, refugees or

indigenous peoples, and

therefore an intersectional

and gender sensitive

approach is essential to

combat forced labour

effectively. This Regulation

should therefore aim to

achieve the objectives of the

ILO Convention 182,

Council of Europe

Convention on Preventing

and Combating Violence

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Against Women and

Domestic Violence, the

Beijing Declaration, the

Global Compact for Safe,

Orderly and Regular

Migration, the Geneva

Convention Relating to the

Status of Refugees; the

United Nations Declaration

on the Rights of Indigenous

Peoples, the ILO

Convention 169, as well as

other relevant international

agreements and

conventions.

Recital 7

Y 16

(7) The Anti-trafficking

Directive (Directive

2011/36/EU) of the

European Parliament and of

the Council1 (the Anti-

trafficking Directive)

harmonises the definition of

trafficking in human beings,

including forced labour or

services, and establishes

minimum penalties. Any

rules laid down concerning

the prohibition of placing

and making available on the

Union market domestic or

imported products made

with forced labour, or

exporting such products, and

(7) The Anti-trafficking

Directive (Directive

2011/36/EU) of the

European Parliament and of

the Council1 (the Anti-

trafficking Directive)

harmonises the definition of

trafficking in human beings,

including forced labour or

services, and establishes

minimum penalties. Any

rules laid down concerning

the prohibition of placing

and making available on the

Union market domestic or

imported products made

with forced labour, or

exporting such products, and

(7) The Anti-trafficking

Directive (Directive

2011/36/EU) of the

European Parliament and of

the Council1 (the Anti-

trafficking Directive)

harmonises the definition of

trafficking in human beings,

including forced labour or

services, and establishes

rules on minimum penalties.

Any rules laid down

concerning the prohibition of

placing and making

available on the Union

market domestic or imported

products made with forced

labour, or exporting such

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the obligation to ensure that

such products are withdrawn

from the Union market (‘the

prohibition’), should be

without prejudice to that

Directive, and in particular

to the competence of law

enforcement and judicial

authorities to investigate and

prosecute offences on

trafficking in human beings,

including labour

exploitation.

_________ 1. Directive 2011/36/EU of the

European Parliament and of the

Council of 5 April 2011 on

preventing and combating

trafficking in human beings and

protecting its victims, and

replacing Council Framework

Decision 2002/629/JHA, OJ L 101,

15.4.2011, p.1.

the obligation to ensure that

such products are withdrawn

from the Union market (‘the

prohibition’), should be

without prejudice to that

Directive, and in particular

to the competence of law

enforcement and judicial

authorities to investigate and

prosecute offences on

trafficking in human beings,

including labour

exploitation.

_________ 1. Directive 2011/36/EU of the

European Parliament and of the

Council of 5 April 2011 on

preventing and combating

trafficking in human beings and

protecting its victims, and

replacing Council Framework

Decision 2002/629/JHA, OJ L 101,

15.4.2011, p.1.

products, and the obligation

to ensure that such products

are withdrawn from the

Union market (‘the

prohibition’), should be

without prejudice to that

Directive, and in particular

to the competence of law

enforcement and judicial

authorities to investigate and

prosecute offences on

trafficking in human beings,

including labour

exploitation.

_________ 1. Directive 2011/36/EU of the

European Parliament and of the

Council of 5 April 2011 on

preventing and combating

trafficking in human beings and

protecting its victims, and

replacing Council Framework

Decision 2002/629/JHA, OJ L 101,

15.4.2011, p.1.

Recital 8

Y 17

(8) [In particular, Directive

20XX/XX/EU on Corporate

Sustainability Due Diligence

sets out horizontal due

diligence obligations to

identify, prevent, mitigate

and account for actual and

potential adverse impacts on

human rights, including

forced labour, and the

(8) [In particular, Directive

20XX/XX/EU on Corporate

Sustainability Due Diligence

sets out horizontal due

diligence obligations for

companies to identify,

prevent, mitigate and

account for actual and

potential adverse impacts on

human rights, including

(8) [In particular, Directive

20XX/XX/EU on Corporate

Sustainability Due Diligence

sets out horizontal due

diligence obligations to

identify, prevent, and

mitigate and account for

actual and potential adverse

impacts on human rights,

including forced labour, and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

environment in the

company’s own operations,

its subsidiaries and in its

value chains, in accordance

with international human

and labour rights standards

and environmental

conventions. Those

obligations apply to large

companies over a certain

threshold in terms of number

of employees and net

turnover, and to smaller

companies in high-impact

sectors over a certain

threshold in terms of number

of employees and net

turnover.1]

_________ 1. Directive 20XX/XX/EU of the

European Parliament and of the

Council on Corporate

Sustainability Due Diligence and

amending Directive (EU)

2019/1937, OJ XX, XX.XX.20XX,

p. XX.

forced labour, and the

environment inthat they

caused, contributed to or

are directly linked to the

company’s own operations,

and its subsidiaries and in its

value chains, in accordance

with international human

and labour rights standards

and environmental

conventions. That Directive

also strengthens access to

remedy for those affected by

such impacts. Those

obligations apply to large

companies over a certain

threshold in terms of number

of employees and net

turnover, and to smaller

companies in high-impact

sectors over a certain

threshold in terms of number

of employees and net

turnover.1]22 Consistency

between that Directive and

this Regulation should be

ensured.

__________________

22 Directive 20XX/XX/EU

of the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence and

amending Directive (EU)

2019/1937, OJ XX,

XX.XX.20XX, p. XX. _________

the environmentas well as

bring to an end and

minimise the extend of

potential and actual adverse

impacts in the company’s

own operations, its

subsidiaries and in its value

chains, in accordance with

chain of activities on

human rights, including

forced labour, and on the

environment, interpreted in

line with with international

human and labour rights

standards and environmental

conventions. Those

obligations apply to large

companies over a certain

threshold in terms of number

of employees and net

turnover, and to smaller

companies in high-impact

sectors over a certain

threshold in terms of number

of employees and net

turnover.1]

_________ 1. Directive 20XX/XX/EU of the

European Parliament and of the

Council on Corporate

Sustainability Due Diligence and

amending Directive (EU)

2019/1937, OJ XX, XX.XX.20XX,

p. XX.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

1. Directive 20XX/XX/EU of the

European Parliament and of the

Council on Corporate

Sustainability Due Diligence and

amending Directive (EU)

2019/1937, OJ XX, XX.XX.20XX,

p. XX.

Recital 9

Y 18

(9) In addition, Regulation

(EU) 2017/821 of the

European Parliament and of

the Council1 requires Union

importers of minerals falling

under the scope of that

Regulation to carry out due

diligence obligations

consistent with Annex II to

the OECD Due Diligence

Guidance for Responsible

Supply Chains of Minerals

from Conflict-Affected and

High-Risk Areas, and the

due diligence

recommendations set out

therein. [Regulation (EU)

No XX/20XX concerning

batteries and waste batteries

contains obligations for

economic operators to carry

out due diligence in their

supply chains, including

with respect to labour

rights.2] [Regulation (EU)

XX/20XX on making

available on the Union

(9) In addition, Regulation

(EU) 2017/821 of the

European Parliament and of

the Council1 requires Union

importers of minerals falling

under the scope of that

Regulation to carry out due

diligence obligations

consistent with Annex II to

the OECD Due Diligence

Guidance for Responsible

Supply Chains of Minerals

from Conflict-Affected and

High-Risk Areas, and the

due diligence

recommendations set out

therein. [Regulation (EU)

No XX/20XX concerning

batteries and waste batteries

contains obligations for

economic operators to carry

out due diligence in their

supply chains, including

with respect to labour

rights.2] [Regulation (EU)

XX/20XX on making

available on the Union

(9) In addition, Regulation

(EU) 2017/821 of the

European Parliament and of

the Council1 requires Union

importers of minerals or

metals falling under the

scope of that Regulation to

carry out due diligence

obligations consistent with

Annex II to the OECD Due

Diligence Guidance for

Responsible Supply Chains

of Minerals from Conflict-

Affected and High-Risk

Areas, and the due diligence

recommendations set out

therein. [Regulation (EU) No

XX/20XX concerning

batteries and waste

batteriesNo 2023/1542 of

the European Parliament

and of the Council2 contains

obligations for economic

operators to carry out due

diligence in their supply

chains, including with

respect to labour rights.2]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

market as well as export

from the Union of certain

commodities and products

associated with deforestation

and forest degradation3

requires due diligence

regarding the legal and

deforestation free character

of products and commodities

within its scope, including

with respect to human

rights.]

_________ 1. Regulation (EU) 2017/821 of the

European Parliament and of the

Council of 17 May 2017 laying

down supply chain due diligence

obligations for Union importers of

tin, tantalum and tungsten, their

ores, and gold originating from

conflict-affected and high-risk

areas, OJ L 130, 19.5.2017, p. 1.

2. REGULATION OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

concerning batteries and waste

batteries, repealing Directive

2006/66/EC and amending

Regulation (EU) No 20XX/XX, OJ

XX, XX.XX.20XX, p. XX.

3. Regulation of the European

Parliament and of the Council on

the making available on the Union

market as well as export from the

Union of certain commodities and

products associated with

deforestation and forest

degradation and repealing

Regulation (EU) No XXX/20XX,

OJ XX, XX.XX.20XX, p. XX.

market as well as export

from the Union of certain

commodities and products

associated with deforestation

and forest degradation3

requires due diligence

regarding the legal and

deforestation free character

of products and commodities

within its scope, including

with respect to human

rights.]

_________ 1. Regulation (EU) 2017/821 of the

European Parliament and of the

Council of 17 May 2017 laying

down supply chain due diligence

obligations for Union importers of

tin, tantalum and tungsten, their

ores, and gold originating from

conflict-affected and high-risk

areas, OJ L 130, 19.5.2017, p. 1.

2. REGULATION OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

concerning batteries and waste

batteries, repealing Directive

2006/66/EC and amending

Regulation (EU) No 20XX/XX, OJ

XX, XX.XX.20XX, p. XX.

3. Regulation of the European

Parliament and of the Council on

the making available on the Union

market as well as export from the

Union of certain commodities and

products associated with

deforestation and forest

degradation and repealing

Regulation (EU) No XXX/20XX,

OJ XX, XX.XX.20XX, p. XX.

[Regulation (EU) XX/20XX

on making available on the

Union market as well as

export from the Union of

certain commodities and

products associated with

deforestation and forest

degradation2023/1115 of

the European Parliament

and of the Council3 requires

due diligence regarding the

legal and deforestation free

character of products and

commodities within its

scope, including with respect

to human rights.]

_________ 1. Regulation (EU) 2017/821 of the

European Parliament and of the

Council of 17 May 2017 laying

down supply chain due diligence

obligations for Union importers of

tin, tantalum and tungsten, their

ores, and gold originating from

conflict-affected and high-risk

areas, OJ L 130, 19.5.2017, p. 1.

2. REGULATION OF THE

EUROPEAN PARLIAMENT AND

OF THE COUNCILRegulation

(EU) 2023/1542 of the European

Parliament and of the Council of

12 July 2023 concerning batteries

and waste batteries,

repealingamending Directive

2006/66/EC and

amending2008/98/EC and

Regulation (EU) No 20XX/XX, OJ

XX, XX.XX.20XX, p. XX2019/1020

and repealing Directive

2006/66/EC, OJ L 191, 28.7.2023,

p. 1-117.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

3. Regulation (EU) 2023/1115 of

the European Parliament and of the

Council on the making available on

the Union market as well as export

from the Union of certain

commodities and products

associated with deforestation and

forest degradation and repealing

Regulation (EU) No XXX/20XX, OJ

XX, XX.XX.20XX, p. XXNo

995/2010, OJ L 150, 9.6.2023, p.

206-247.

Recital 10

Y 19

(10) Articles [XX] of

Directive 2013/34/EU of the

European Parliament and of

the Council require Member

States to ensure that certain

economic operators annually

publish non-financial

statements in which they

report on the impact of their

activity on environmental,

social and employee matters,

respect for human rights,

including regarding forced

labour, anti-corruption and

bribery matters.1

[Furthermore, Directive

20XX/XX/EU on Corporate

Sustainability Reporting puts

forward detailed reporting

requirements for covered

companies regarding the

respect of human rights,

including in global supply

(10) Articles [XX] of

Directive 2013/34/EU of the

European Parliament and of

the Council require Member

States to ensure that certain

economic operators annually

publish non-financial

statements in which they

report on the impact of their

activity on environmental,

social and employee matters,

respect for human rights,

including regarding forced

labour, anti-corruption and

bribery matters.126

[Furthermore, Directive

20XX/XX/EU on Corporate

Sustainability Reporting puts

forward detailed reporting

requirements for covered

companies regarding the

respect of human rights,

including in global supply

(10) Articles [XX]Article

19a of Directive 2013/34/EU

of the European Parliament

and of the Council requirein

its version of 21 November

2021 requires Member

States to ensure that certain

economic operators annually

publish non-financial

statements in which they

report on the impact of their

activity on environmental,

social and employee matters,

respect for human rights,

including regarding forced

labour, anti-corruption and

bribery matters.1

[Furthermore, Directive

20XX/XX/EU(EU)

2022/2464 of the European

Parliament and of the

Council on Corporate

Sustainability Reporting puts

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

chains. The information that

undertakings disclose about

human rights should include,

where relevant, information

about forced labour in their

value chains.2]

_________ 1. Directive 2013/34/EU as regards

disclosure of non-financial and

diversity information by certain

large undertakings and groups, OJ

2. Directive 20XX/XX/EU of the

European Parliament and of the

Council amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation (EU)

No 537/2014, as regards corporate

sustainability reporting, OJ XX,

XX.XX.20XX, p. XX.

chains. The information that

undertakings disclose about

human rights should include,

where relevant, information

about forced labour in their

valuesupply chains.227 ]

__________________

26 Directive 2013/34/EU as

regards disclosure of non-

financial and diversity

information by certain large

undertakings and groups,

27 Directive 20XX/XX/EU

of the European Parliament

and of the Council

amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation

(EU) No 537/2014, as

regards corporate

sustainability reporting, OJ

XX, XX.XX.20XX, p. XX. _________ 1. Directive 2013/34/EU as

regards disclosure of non-financial

and diversity information by

certain large undertakings and

groups, OJ

2. Directive 20XX/XX/EU of the

European Parliament and of the

Council amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation (EU)

No 537/2014, as regards corporate

sustainability reporting, OJ XX,

XX.XX.20XX, p. XX.

forwardamended that

requirement by introducing detailed reporting

requirements for covered

companies regarding the

respect of human rights,

including in global supply

chains. The information that

undertakings disclose about

human rights should include,

where relevant, information

about forced labour in their

value chains.2]

_________ 1. Directive 2013/34/EU as regards

disclosure of non-financial and

diversity information by certain

large undertakings and groups, OJ

2. Directive 20XX/XX/EU of the

European Parliament and of the

Council amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation

Regulation 2014/537/EU(EU) No

537/2014, as regards corporate

sustainability reporting, OJ XX,

XX.XX.20XX, p. XX L 322,

16.12.2022, p. 15.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 10a

Y 19a

(10a) As a member of the

World Trade Organisation

(WTO), the Union is

committed to promoting a

rules-based, open,

multilateral trading system.

Any measures introduced by

the Union that affect trade

should be WTO compliant.

Furthermore, all measures

introduced by the Union

that affect trade should take

into account the possible

response of the Union’s

trade partners and ensure

that the enforcement of the

measure is not perceived as

a unilateral, protectionist

measure.

Recital 11

G 20

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

Text Origin: Commission

Proposal

Recital 12

G 21

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

Text Origin: Commission

Proposal

Recital 12a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Y 21a

(12a) Promoting decent

work and a human-centred

future of work ensuring the

respect of fundamental

principles and human

rights, promoting social

dialogue as well as the

ratification and effective

implementation of relevant

ILO conventions and

protocols, strengthening

responsible management in

global supply chains and

access to social protection

are core priorities of the

Union as enshrined in the

EU Action Plan on Human

Rights and Democracy

2020-2024.

Recital 13

G 22

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

Text Origin: Commission

Proposal

Recital 14

G 23

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 15

G 24

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

Text Origin: Commission

Proposal

Recital 16

Y 25

(16) In order to ensure the

effectiveness of the

prohibition, such prohibition

should apply to products for

which forced labour has

been used at any stage of

their production,

manufacture, harvest and

extraction, including

working or processing

related to the products. The

prohibition should apply to

all products, of any type,

including their components,

and should apply to products

regardless of the sector, the

origin, whether they are

domestic or imported, or

(16) In order to ensure the

effectiveness of the

prohibition, such prohibition

should apply to products for

which forced labour has

been used at any stage of

their production,

manufacture, harvest and

extraction, including

working or processing

related to the products. The

prohibition should apply to

all products, of any type,

including their components,

and should apply to products

regardless of the sector, the

origin, whether they are

domestic or imported, or

(16) In order to ensure the

effectiveness of the

prohibition, such prohibition

should apply to products for

which forced labour has

been used at any stage of

their production,

manufacture, harvest and

extraction, including

working or processing

related to the products. The

prohibition should apply to

all products, of any type,

including their components,

and should apply to products

regardless of the sector, the

origin, whether they are

domestic or imported, or

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

placed or made available on

the Union market or

exported.

placed or made available on

the Union market or

exported.

placed or made available on

the Union market or

exported. This Regulation

should not apply to the

activities of a natural or

legal person or association

of persons domiciled in the

European Union that

provides transport services

unless that person or

association can be qualified

as an economic operator as

defined pursuant to this

Regulation.

Recital 17

R 26

(17) The prohibition should

contribute to the

international efforts to

abolish forced labour. The

definition of ‘forced labour’

should therefore be aligned

with the definition laid down

in ILO Convention No. 29.

The definition of ‘forced

labour applied by state

authorities’ should be

aligned with ILO

Convention No. 105, which

prohibits specifically the use

of forced labour as

punishment for the

expression of political

views, for the purposes of

economic development, as a

(17) The market ban,

which enables the

prohibition of import and

export of products and

services made with forced

labour, should contribute to

the international efforts to

abolish forced labour. The

definition of ‘forced labour’

should therefore be aligned

with the definition laid down

in ILO Convention No. 29.

The definition of ‘forced

labour applied by state

authorities’ should be

aligned with ILO

Convention No. 105, which

prohibits specifically the use

of forced labour as

(17) The prohibition should

contribute to the

international efforts to

abolish forced labour. The

definition of ‘forced labour’

should therefore be aligned

with the definition laid down

in ILO Convention No. 29.

The definition of ‘forced

labour applied by state

authorities’ should be

aligned with ILO Convention

No. 105, stating that forced

or compulsory labour

means all work or service

which is exacted from any

person under the menace of

any penalty and for which

the said person has not

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

means of labour discipline,

as a punishment for

participation in strikes, or as

a means of racial, religious

or other discrimination.1

_________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery and

human trafficking) (ilo.org) and the

ILO Conventions No. 29 and No.

105 referred therein.

punishment for the

expression of political

views, for the purposes of

economic development, as a

means of labour discipline,

as a punishment for

participation in strikes, or as

a means of racial, religious

or other discrimination 31.1

Article 3(a) of ILO

Convention No. 182

concerning the Prohibition

and Immediate Action for

the Elimination of the

Worst Forms of Child

Labour refers to all forms

of slavery or practices

similar to slavery, such as

the sale and trafficking of

children, debt bondage and

serfdom and forced or

compulsory labour,

including forced or

compulsory recruitment of

children for use in armed

conflict. The UN

Convention on the Rights of

Persons With Disabilities

prohibits exposing persons

with disabilities to forced

labour and requires that

persons with disabilities are

protected, on an equal basis

with others, from forced or

compulsory labour. The

principle of equal treatment

should also apply in

offered himself voluntarily,

with the exclusion of (a)

any work or service exacted

in virtue of compulsory

military service laws for

work of a purely military

character; (b) any work or

service which prohibits

specifically the use of forced

labour as punishment for the

expression of political views,

for the purposes of economic

developmentforms part of

the normal civic obligations

of the citizens of a fully self-

governing country; (c) any

work or service exacted

from any person as a

consequence of a conviction

in a court of law, provided

that the said work or service

is carried out under the

supervision and control of a

public authority and that

the said person is not hired

to or placed at the disposal

of private individuals,

companies or associations;

(d) any work or service

exacted in cases of

emergency, that is to say, in

the event of war or of a

calamity or threatened

calamity, such as fire, flood,

famine, earthquake, violent

epidemic or epizootic

diseases, invasion by

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

sheltered workshops. Where

products or services

originating from

geographic areas,

production sites or

economic activities in

certain sectors in specific

areas with systematic and

wide spread forced labour

practices listed in the

database under Article 11 of

this Regulation, competent

authorities should presume

that they were

manufactured or provided

using forced labour. In

such cases, it should be the

responsibility of the

economic operator to

demonstrate that its product

or service was

manufactured or provided

without using forced

labour, and that, in case of

a decision under Article

6(4), any use of forced

labour was remediated. In

all cases, competent

authorities should ensure

that the burden of proof is

not disproportionately high.

The Commission, after

engaging with relevant

experts, including from the

ILO, OECD, EEAS, social

partners and civil society,

should engage in the efforts

animal, insect or vegetable

pests, and in general any

circumstance that would

endanger the existence or

the well-being of the whole

or part of the population;

(e) minor communal

services of a kind which,

being performed by the

members of the community

in the direct interest of the

said community, can

therefore be considered as

normal civic obligations

incumbent upon the

members of the community,

provided that the members

of the community or their

direct representatives shall

have the right to be

consulted in regard to the

need for such services as a

means of labour discipline,

as a punishment for

participation in strikes, or as

a means of racial, religious

or other discrimination.1

_________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery

and human trafficking) (ilo.org)

and the ILO Conventions No. 29

and No. 105 referred therein.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to bring to an end forced

labour by providing, in the

database under Article 11 of

this Regulation, regularly

updated information on

forced labour risks in

specific geographic areas,

production sites and

economic activities in

certain sectors in specific

areas. The database should

be clear and transparent in

order to enable economic

operators, and in particular

SMEs and micro-

enterprises, to use the data

for their due diligence.

Such data should be freely

and easily accessible to the

public, in a format also

accessible to persons with

disabilities and in all

working languages of the

Union.

__________________

31 What is forced labour,

modern slavery and human

trafficking (Forced labour,

modern slavery and human

trafficking) (ilo.org) and the

ILO Conventions No. 29

and No. 105 referred

therein. _________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and human trafficking) (ilo.org)

and the ILO Conventions No. 29

and No. 105 referred therein.

Recital 17a

R 26a

(17a) Based on the

definition of forced labour

specified in ILO Convention

No. 29 and used in this

Regulation, the ‘ILO

Indicators of Forced

Labour’ and the ‘Hard to

See, Harder to Count’ ILO

guidelines represent the

most common signs that

point to the possible

existence of a forced labour

case and should be taken

into account when

enforcing the prohibition.

However, these indicators

may be insufficient for the

identification of forced

labour imposed by state

authorities. These practices

of forced labour are based

on systemic and global

coercive policies that

require additional,

specifically designed

indicators.

(17a) In the same line, the

definition of ‘forced labour

applied by state authorities’

should be aligned with the

notion as found in ILO

Convention No. 105, which

prohibits specifically the use

of forced labour or

compulsory labour as a

means of political coercion

or education or as

punishment for the

expression of political views

or views ideologically

opposed to the established

political, social or economic

system, as a method of

mobilising and using it for

the purposes of economic

development, as a means of

labour discipline, as a

punishment for having

participated in strikes, or as

a means of racial, social,

national or religious

discrimination.1 _________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery

and human trafficking) (ilo.org)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and the ILO Conventions No. 29

and No. 105 referred therein.

Second sentence of Recital 17 with amendments

Recital 17b

Y 26b

(17b) Distance selling,

including online selling,

should also fall within the

scope of this Regulation. In

the case of a product

offered for sale online or

through other means of

distance sales, the product

should be considered to

have been made available

on the market if the offer

for sale is targeted at [end-

users] in the Union. In line

with the applicable Union

rules on private

international law, a case-

by-case analysis should be

carried out in order to

establish whether an offer is

targeted at [end-users] in

the Union. An offer for sale

should be considered to be

targeted at [end-users] in

the Union if the relevant

economic operator directs,

by any means, its activities

to a Member State. For the

case-by-case analyses,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

relevant factors, such as the

geographical areas to which

dispatch is possible, the

languages available, used

for the offer or for ordering,

means of payment, the use

of currency of the Member

State or a domain name

registered in one of the

Member States should be

taken into consideration. In

the case of online sales, the

mere fact that the economic

operators’ or the providers

of online marketplaces’

interface is accessible in the

Member State in which the

[end-user] is established or

domiciled is insufficient.

The fact that the product

offered for sale online or

through other means of

distance sales is considered

to have been made available

on the market if the offer

for sale is targeted at end-

users in the Union should

be without prejudice to

rules regarding products

entering or leaving the

Union market.

Recital 17c

Y 26c

(17c) Intermediary

services, in particular

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

online platforms have

become increasingly used

for the sale of products. In

this regards, information

related to the advertising,

promotion and sale of

products contravening the

prohibition established in

this Regulation should be

considered illegal content

within the meaning of

article 3(h) of Regulation

(EU) 2022/2065 of the

European Parliament and

of the Council of 19

October 2022 on a Single

Market For Digital Services

and amending Directive

2000/31/EC (Digital

Services Act) and should be

subject to the obligations

and measures under that

Regulation.

Recital 17d

Y 26d

(17d) The application of

the rules in this Regulation

regarding distance sales is

without prejudice to the

rules on products entering

or leaving the Union.

Recital 18

Y 26e Y

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

value chain management and

due diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Moved reference text

(1918) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

valuesupply chain

management and due

diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Moved from row 28 [28 - 26e]

(19EP19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

human and financial

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

valuelabour rights, gender

equality, supply chain

management and due

diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Recital 17a

Y 26f

(44) To ensure effective

enforcement of the

prohibition, it is necessary to

(4419) To ensure effective

enforcement of the

prohibition, it is necessary to

(44EP44) To ensure

effective enforcement of the

prohibition, it is necessary to

(4419) To ensure effective

enforcement of the

prohibition, it is necessary to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

between Member States and

the Commission, thereby

helping to strengthen the

enforcement of the

prohibition.

Moved reference text

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of jointon cross-border

investigations and enforcement activities by

Member States, including

joint investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

between Member States and

the Commission, thereby

helping to strengthen the

enforcement of the

prohibition. Where the tasks

of the network relate to

customs, they shall be

carried out in accordance

with the Union Customs

Code. Moved from row 53 [53 - 26f]

establish a network,

coordinated by the

Commission, aimed at

structured coordination and

cooperation between the

Commission, the competent

authorities of the Member

States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations, facilitate

capacity building activities,

such as the organisation of

training programmes for

competent authorities and

other relevant stakeholders,

promote exchanges of

personnel between

competent authorities and,

where appropriate, with the

authorities of partner third

countries or with

international organisations,

assist in the organisation of

information campaigns and

voluntary mutual visit

programmes between

competent authorities,

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs

(19a) Competent authorities

and the Commission should

be guided by the principle of

proportionality when

implementing this

Regulation. Competent authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

involve and facilitate the

diplomatic representations

of the Union to assist in the

information gathering

efforts of this Regulation.

The. That administrative

support structure to be

provided by the Commission

should allow the pooling of

resources and maintain a

communication and

information system between

Member States and the

Commission, thereby

helping to strengthen the

enforcement of the

prohibition.

(44a) The Commission

should ensure the effective

and uniform application of

this Regulation and to that

effect support and

encourage cooperation

between enforcement

authorities through the

Network.

between Member States and

the Commission, thereby

helping to strengthen the

enforcement of the

prohibitionensure, in

particular, that all the

measures and actions

carried out during the

preliminary investigation

and the investigation and

set out in the decision are

suitable and necessary to

achieve the desired purpose

and do not impose a burden

on economic operators that

is excessive in relation to

the objective sought.

Recital 20

Y 26g

(23) In order to ensure

cooperation among

competent authorities

designated under this and

other relevant legislation and

in order to ensure

(2320) In order to ensure

cooperation among

competent authorities

designated under this and

other relevant legislation and

in order to ensure

(23EP23) In order to ensure

cooperation among the

Commission and competent

authorities designated under

this and other relevant

legislation and in order to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

consistency in their actions

and decisions, competent

authorities designated under

this Regulation should

request information from

other relevant authorities,

where necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.

Moved reference text

consistency in their actions

and decisions, competent

authorities designated under

this Regulation should

request information from

other relevant authorities,

where necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour. For the same

purposes, and where

appropriate, competent

authorities designated

under this Regulation

should inform other

relevant authorities, such as

Market Surveillance

authorities, of their actions

and decisions. Moved from row 32 [32 - 26g]

ensure consistency in their

actions and decisions,

competent authorities

designated under this

Regulation should request

information from other

relevant authorities, where

necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour. When requesting

information from economic

operators, competent

authorities should whenever

possible follow the

Commission’s once-only

principle, through increased

cooperation and dialogue

between authorities who are

engaged in overseeing

product regulation.

(23a) Considering the

robust amount of evidence

available regarding forced

labour cases, in particular

products, regions or sectors,

competent authorities

should, after a risk-

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

assessment, focus their

investigations on situations

that present a higher risk of

use of forced labour and

that have an increased

societal and economic

impact, due to the large

dimension of economic

operators or their presence

in a large number of supply

chains.

(23b) In order to ensure

consistency in the actions

and decisions by competent

authorities, the Commission

should closely coordinate

with competent authorities.

Recital 21

Y 26h

(39) A uniform enforcement

of the prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission.

Moved reference text

(3921) A uniform

enforcement of the

prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission.

Moved from row 48 [48 - 26h]

(39EP39) A uniform

enforcement of the

prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission. This

cooperation should be

coordinated by the

Commission.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 17b

G 26i

(40) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

Moved reference text

(4022) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the investigations, decision-

making process, and

enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

Moved from row 49 [49 - 26i]

(40EP40) For the

collection, processing and

storage of information, in a

structured form, on issues

relating to the enforcement

of the prohibition, the

competent authorities should

use ICSMS. The

Commission, competent

authorities and customs

authorities should have

access to that system to carry

out their respective duties

under this Regulation.

(4017b) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the investigations, decision-

making process, and

enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

It is also possible for

competent authorities to use

other existing

communication systems

with other authorities

within their own Member

State, as long as this does

not affect the obligation of

using ICSMS for the

purposes of implementing

and enforcing this

Regulation.

Recital 17c

G 26j

(41) In order to optimise

and unburden the control

(4123) In order to optimise

and unburden the control

(41EP41) In order to

optimise and unburden the

(4123) In order to optimise

and unburden the control

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

control process of products

entering or leaving the

Union market, it is necessary

to allow for an automated

data transfer between the

ICSMS and customs

systems. Three different data

transfers should be

distinguished in view of

their respective purposes.

Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/244711, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

suspension, the conclusion

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

requirement.

_________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

Moved reference text

requirement.

_________ 1. [1] Commission

Implementing Regulation (EU)

2015/2447 of 24 November 2015

laying down detailed rules for

implementing certain provisions of

Regulation (EU) No 952/2013 of

the European Parliament and of the

Council laying down the Union

Customs Code, OJ L 343,

29.12.2015, p. 558.

Moved from row 50 [50 - 26j]

and any other ancillary

requirement.

_________

1. Commission

Implementing Regulation

(EU) 2015/2447 of 24

November 2015 laying

down detailed rules for

implementing certain

provisions of Regulation

(EU) No 952/2013 of the

European Parliament and

of the Council laying down

the Union Customs Code,

OJ L 343, 29.12.2015, p.

558. _________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

requirement.

_________ 1. [1] Commission

Implementing Regulation (EU)

2015/2447 of 24 November 2015

laying down detailed rules for

implementing certain provisions of

Regulation (EU) No 952/2013 of

the European Parliament and of the

Council laying down the Union

Customs Code, OJ L 343,

29.12.2015, p. 558.

Text Origin: Council

Mandate

Recital 23a

R 26k

(23a) The Commission

should set up a database,

calling on external expertise

if needed to provide a

publicly available database

with indicative, non-

exhaustive, verifiable and

regularly updated

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information about forced

labour risks in specific

geographic areas or with

respect to specific products.

The database shall prioritise

the identification of

widespread and severe

forced labour risks. The

database will support the

work of competent

authorities in assessing

possible violations of the

prohibition and will

facilitate that economic

operators identify possible

forced labour risks in their

supply chains

Recital 18

(18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue guidelines on

due diligence in relation to

forced labour, which should

take into account also the

size and economic resources

of economic operators. In

addition, the Commission

(18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue thorough

guidelines on due diligence

in relation to forced labour,

which should take into

account also the size and

economic resources of

economic operators. In

Moved to row 32c [27 - 32c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

should issue guidelines on

forced-labour risk indicators

and on publicly available

information in order to help

SMEs, as well as other

economic operators, to

comply with the

requirements of the

prohibition.

addition, the Commission

should issue clear guidelines

on forced-labour risk

indicators, including how to

identify them, which should

be based on independent

and verifiable and on

publicly available

information, including

reports from international

organisations, in particular

the International Labour

Organization, whose ‘Hard

to see, harder to count’

guidelines are the current

gold-standard for

identification of forced

labour in order to help

SMEs, as well as other

economic operators, to

comply with the

requirements of the

prohibition.

Recital 18a

27a

(18a) The Commission

should also issue guidelines

on how to engage in

dialogue with competent

authorities in order to help

economic operators, and in

particular SMEs, as well as

other stakeholders, to

comply with the

requirements of the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

prohibition. Furthermore,

the Commission should also

issue guidelines to assist

any person or association in

submitting information.

Recital 18b

27b

(18b) Taking into account

the variety of Union law

dealing with forced labour

issues, the Commission

should provide additional

guidance for economic

operators, in particular

SMEs, on how to apply the

different obligations

stemming from Union law.

The Commission should

also, where appropriate,

prevent unnecessary

administrative burdens on

SMEs. In addition, the

Commission should develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

initiatives.

Recital 19

(19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

value chain management and

due diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

(19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

human and financial

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

valuelabour rights, gender

equality, supply chain

management and due

diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Moved to row 26e [28 - 26e]

Recital 20

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(20) In order to increase the

effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

(20) In order to increase the

effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

Moved to row 33a [29 - 33a]

Recital 21

(21) When identifying

potential violations of the

prohibition, the competent

authorities should follow a

risk-based approach and

assess all information

available to them.

Competent authorities

should initiate an

investigation where, based

on their assessment of all

available information, they

establish that there is a

substantiated concern of a

violation of the prohibition.

(21) When identifying

potential violations of the

prohibition, the Commission

or the competent authorities

should follow a risk-based

approach and assess all

information available to

them. In order to implement

the risk-based approach in

the prioritisation of their

investigations, the

Commission and competent

authorities should take into

account the size and

economic resources of the

economic operator, and in

particular if this operator is

a micro, small or medium-

sized enterprise, the share

of forced labour

components in the final

product, the quantity of

products concerned, the

Moved to row 32k [30 - 32k]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

scale of suspected forced

labour, and whether forced

labour imposed by state

authorities could be a

concern. They should also

take into account if the

economic operator is under

the scope of Directive XXX

[CSDD] and has to perform

mandatory due diligence.

The Commission or

competent authorities should

initiate an investigation

where, based on their

assessment of all available

information, or on the basis

of any other facts available

where it was not possible to

gather information and

evidence, they establish that

there is a substantiated

concern of a violation of the

prohibition. Before

initiating an investigation,

competent authorities

should be able to request

additional information from

economic operators under

assessment but also from

other relevant stakeholders,

including the persons or

associations having

submitted relevant

information to competent

authorities and any other

stakeholder working on the

products or regions related

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries. Competent

authorities should be able to

opt for not requesting

additional information from

economic operators if they

assess that this could lead to

an attempt by those

economic operators to hide

a situation of forced labour

and thus endanger the

investigation.

Recital 22

(22) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or bring

to an end risks of forced

labour in their operations

and value chains with

respect to the products under

assessment. Carrying out

such due diligence in

relation to forced labour

should help the economic

operator to be at a lower risk

of having forced labour in its

operations and value chains.

(22) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or, bring

to an end risks of forced

labour or remediate forced

labour cases in their

operations and valuesupply

chains with respect to the

products under assessment.

Carrying out such due

diligence in relation to

forced labour should

helpcontribute to helping

the economic operator to be

Moved to row 33b [31 - 33b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Appropriate due diligence

means that forced labour

issues in the value chain

have been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, no

investigation should be

initiated.

at a lower risk of having

forced labour in its

operations and valuesupply

chains. Appropriate due

diligence meanscould mean

that forced labour issues in

the valuesupply chain have

been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, or that the

reasons that motivated the

existence of a substantiated

concern have been

eliminated, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, and, where

possible, demonstrates that

remediation of forced

labour cases has been

provided, no investigation

should be initiated.

Economic operators, which

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

are not within the scope of

[Directive 20XX/XX/EU on

Corporate Sustainability

Due Diligence], shall not be

disadvantaged for the sole

fact of not having

conducted due diligence in

accordance with that

Directive, including when

they are faced with a

reversed burden of proof as

a consequence of the high

risk of forced labour

imposed by state authorities.

Recital 23

(23) In order to ensure

cooperation among

competent authorities

designated under this and

other relevant legislation and

in order to ensure

consistency in their actions

and decisions, competent

authorities designated under

this Regulation should

request information from

other relevant authorities,

where necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

(23) In order to ensure

cooperation among the

Commission and competent

authorities designated under

this and other relevant

legislation and in order to

ensure consistency in their

actions and decisions,

competent authorities

designated under this

Regulation should request

information from other

relevant authorities, where

necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

Moved to row 26g [32 - 26g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour. When requesting

information from economic

operators, competent

authorities should whenever

possible follow the

Commission’s once-only

principle, through increased

cooperation and dialogue

between authorities who are

engaged in overseeing

product regulation.

Recital 23a

32a

(23a) Considering the

robust amount of evidence

available regarding forced

labour cases, in particular

products, regions or sectors,

competent authorities

should, after a risk-

assessment, focus their

investigations on situations

that present a higher risk of

use of forced labour and

that have an increased

societal and economic

impact, due to the large

dimension of economic

operators or their presence

in a large number of supply

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

chains.

Recital 23b

32b

(23b) In order to ensure

consistency in the actions

and decisions by competent

authorities, the Commission

should closely coordinate

with competent authorities.

Recital 24

Y 32c

(18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue guidelines on

due diligence in relation to

forced labour, which should

take into account also the

size and economic resources

of economic operators. In

addition, the Commission

should issue guidelines on

forced-labour risk indicators

and on publicly available

information in order to help

SMEs, as well as other

economic operators, to

(1824) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue guidelines on

due diligence in relation to

forced labour, which should

take into account also the

size and economic resources

of economic operators. In

addition, the Commission

should issue guidelines on

forced-labour risk indicators

and on publicly available

information in order to help

SMEs, as well as other

economic operators, to

(18EP18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue thorough

guidelines on due diligence

in relation to forced labour,

which should take into

account also the size and

economic resources of

economic operators. In

addition, the Commission

should issue clear guidelines

on forced-labour risk

indicators, including how to

identify them, which should

be based on independent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

comply with the

requirements of the

prohibition.

Moved reference text

comply with the

requirements of the

prohibition.

Moved from row 27 [27 - 32c]

and verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, whose ‘Hard

to see, harder to count’

guidelines are the current

gold-standard for

identification of forced

labour.

(18a) The Commission

should also issue guidelines

on how to engage in

dialogue with competent

authorities and on publicly

available information in

order to help economic

operators, and in particular

SMEs, as well as other

economic

operatorsstakeholders, to

comply with the

requirements of the

prohibition. Furthermore,

the Commission should also

issue guidelines to assist

any person or association in

submitting information.

(18b) Taking into account

the variety of Union law

dealing with forced labour

issues, the Commission

should provide additional

guidance for economic

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operators, in particular

SMEs, on how to apply the

different obligations

stemming from Union law.

The Commission should

also, where appropriate,

prevent unnecessary

administrative burdens on

SMEs. In addition, the

Commission should develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

Recital 25

R 32d

(33) The Commission

should issue guidelines in

order to facilitate the

implementation of the

prohibition by economic

operators and competent

authorities. Such guidelines

should include guidance on

due diligence in relation to

forced labour and

(3325) The Commission

should issue guidelines in

order to facilitate the

implementation of the

prohibition by economic

operators and competent

authorities. Such guidelines

should include guidance on

due diligence in relation to

forced labour and

(33EP33) The Commission

should issue detailed

guidelines in order to

facilitate the implementation

of the prohibition by

economic operators and

competent authorities. Such

guidelines should include

guidance on due diligence in

relation to forced labour, in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

complementary information

for the competent authorities

to implement the

prohibition. The guidance on

due diligence in relation to

forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Moved reference text

complementary information

for the competent authorities

to implement the

prohibition. The

Commission should publish

different sets of guidelines

specifically targeted to

economic operators and to

competent authorities, as

well as any other general

guidelines that might be

relevant for all parties. The

guidance on due diligence in

relation to forced labour

should build on the

Guidance on due diligence

for Union businesses to

address the risk of forced

labour in their operations

and supply chains published

by the Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The guidelines

should also rely on

experience and best

practices from relevant

Member State authorities,

such as helpdesks on

business and human rights.

The reports from

international organisations,

particular for all economic

operators that fall outside

the scope of the [Directive

20XX/XX/EU on Corporate

Sustainability Due

Diligence], since they will

not have to comply with any

mandatory due diligence

obligations, and

complementary information

for the competent authorities

to implement the

prohibition. The guidance

for economic operators

outside the scope of [CSDD]

should focus in particular

on compliance in cases

where these economic

operators are faced with a

reversed burden of proof as

a consequence of delegated

acts adopted by the

Commission of forced

labour imposed by state

authorities. The guidance

on due diligence in relation

to forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Moved from row 42 [42 - 32d]

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The guidelines

should provide tailored

recommendations for

different sectors of activity,

taking into account

specificities of the activities

and the respective supply

chains. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Recital 26

R 32e

(45) Since forced labour is a

global problem and given

the interlinkages of the

global value chains, it is

necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

(4526) Since forced labour

is a global problem and

given the interlinkages of the

global value chains, it is

necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

(45EP45) Since forced

labour is a global problem

and given the interlinkages

of the global valuesupply

chains, it is necessary to

promote international

cooperation against forced

labour, which would also

improve the efficiency of

applying and enforcing the

prohibition. The

Commission should as

appropriately cooperate with

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with authorities of third

countries and international

organisations to enhance the

effective implementation of

the prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved reference text

with authorities of third

countries and international

organisations to enhance the

effective implementation of

the prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved from row 54 [54 - 32e]

and exchange information

with authorities of third

countries and international

organisations, as well as

with other actors, to

enhance the effective

implementation of the

prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

Existing dialogue structures

with third countries include

the (sub)committees on

trade and sustainable

development in trade

agreements or the dialogue

foreseen within the

Generalised System of

Preferences. The

Commission should ensure

coherence and synergies

between relevant external

policies, in particular

development cooperation

and projects focusing on the

eradication of forced

labour, and it should also

foster the creation of

enabling environments in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

third countries to promote

and protect human rights,

including capacity building

to support workers and

local communities in their

efforts to root out forced

labour from global supply

chains. Additionally, the

Commission should have

regular contact and

cooperation in particular

with countries that have

similar legislation in place,

to share information of risk

products or regions as well

as best practices for

bringing to an end forced

labour. Union delegations

should have an important

role when it comes to

disseminating information

on this Regulation and

should facilitate the

possibility of third parties in

third countries to provide

information on the

existence of forced labour

on a determined product.

Recital 26a

Y 32f

(26a) The Commission

should take into due

consideration the risk of

disengagement by economic

operators who are related to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

products or regions either

in database or to risk

indicators in the guidelines,

or who have had their

product removed from the

Union market.

Recital 27

R 32g

(32) Any person, whether it

is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission.

Moved reference text

(3227) Any person, whether

it is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission. This submission

of information should be

facilitated by the creation of

a single online portal by the

Commission. Moved from row 41 [41 - 32g]

(32EP32) Any person,

whether it is a natural or

legal person, or any

association not having legal

personality, should be

allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission. Submissions

should be addressed to one

or more competent

authorities. Adequate

protection measures should

be put in place to ensure the

safety of any person

associated with the

submission or the

information contained

within it, including from

retaliation and reprisals.

Where necessary, those

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

protection measures could

go beyond the provisions in

Directive (EU) 2019/1937.

To ensure ease of use for

the submission of

information and the

standardisation of the

information provided, the

Commission should set up a

mechanism for the

submission of information,

such as a designated

webportal at the Union

level, available in all official

languages of the institutions

of the Union, and free of

charge, and ensure that it is

user-friendly and easily

accessible, including for

persons with disabilities.

Recital 27a

Y 32h

(27a) Whistleblowers can

bring new information to

the attention of competent

authorities to help them to

detect infringements of this

Regulation and enable them

to take action. It should be

ensured that adequate

arrangements are in place

to enable whistleblowers to

alert the competent

authorities to actual or

potential infringements of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

this Regulation and to

protect the whistleblowers

from retaliation. For that

purpose, it should be

provided in this Regulation

that Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 is applicable to the

reporting of breaches of this

Regulation and to the

protection of persons

reporting such breaches. _________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17-56.

Recital 27b

Y 32i

(27b) To enhance legal

certainty, the applicability,

pursuant to this Regulation,

of Directive (EU) 2019/1937

to reports of breaches of

this Regulation and to the

protection of persons

reporting such breaches

should be reflected in that

Directive. The Annex to

Directive (EU) 2019/1937

should therefore be

amended accordingly. It is

for the Member States to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

ensure that this amendment

is reflected in their

transposition measures

adopted in accordance with

Directive (EU) 2019/1937,

although the adoption of

national transposition

measures is not a condition

for the applicability of that

Directive to the reporting of

breaches of this Regulation

and to the protection of

reporting persons from the

date of application of this

Regulation.

Recital 27c

Y 32j

(27c) To ensure ease of

access to relevant

information on this

Regulation, the Commission

should set up a single

webportal at the Union

level, available to the public

in all official languages.

The links to the websites,

portals or platforms

dedicated to [Directive

20XX/XX/EU on Corporate

Sustainability Due

Diligence], and particularly

human rights due diligence,

should also be available.

Recital 28

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

R 32k

(21) When identifying

potential violations of the

prohibition, the competent

authorities should follow a

risk-based approach and

assess all information

available to them.

Competent authorities

should initiate an

investigation where, based

on their assessment of all

available information, they

establish that there is a

substantiated concern of a

violation of the prohibition.

Moved reference text

(2128) When identifying

potential violations of the

prohibition, the competent

authorities should follow a

risk-based approach and

assess all information

available to them.

Competent authorities

should initiate an

investigation where, based

on their assessment of all

available information, they

establish that there is a

substantiated concern of a

violation of the prohibition.

Moved from row 30 [30 - 32k]

(21EP21) When identifying

potential violations of the

prohibition, the Commission

or the competent authorities

should follow a risk-based

approach and assess all

information available to

them. In order to implement

the risk-based approach in

the prioritisation of their

investigations, the

Commission and competent

authorities should take into

account the size and

economic resources of the

economic operator, and in

particular if this operator is

a micro, small or medium-

sized enterprise, the share

of forced labour

components in the final

product, the quantity of

products concerned, the

scale of suspected forced

labour, and whether forced

labour imposed by state

authorities could be a

concern. They should also

take into account if the

economic operator is under

the scope of Directive XXX

[CSDD] and has to perform

mandatory due diligence.

The Commission or

competent authorities should

initiate an investigation

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

where, based on their

assessment of all available

information, or on the basis

of any other facts available

where it was not possible to

gather information and

evidence, they establish that

there is a substantiated

concern of a violation of the

prohibition. Before

initiating an investigation,

competent authorities

should be able to request

additional information from

economic operators under

assessment but also from

other relevant stakeholders,

including the persons or

associations having

submitted relevant

information to competent

authorities and any other

stakeholder working on the

products or regions related

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries. Competent

authorities should be able to

opt for not requesting

additional information from

economic operators if they

assess that this could lead to

an attempt by those

economic operators to hide

a situation of forced labour

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and thus endanger the

investigation.

Recital 28a

R 32l

(28a) To ensure a balanced

approach between the

Member States and the

Commission, the notion of

‘Union interest’ should

serve as an allocation key in

the preliminary and

investigation phases. In

determining the Union

interest, competent

authorities and the

Commission should assess

all relevant, verifiable and

credible information

available to them. Union

interest should be presumed

if one or more of the

following criteria are met:

the scale and severity of

suspected forced labour;

whether the risks of

suspected forced labour are

located outside the territory

of the Union; and whether

the products suspected to

have been made with forced

labour, including where the

products concerned are of

critical importance to the

Union, have a significant

impact on the internal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

market. Products suspected

to have been made with

forced labour are presumed

to have a significant impact

on the internal market

where the products

concerned are present in at

least three Member States.

A product shall be

presumed to be present in

three Member States in any

of the following situations:

(i) the product is

manufactured in these

Member States, (ii) the

product is placed or made

available or is to be placed

or made available in order

to reach the end-users of

these Member States, (iii)

the product is exported from

these Member States, (iv)

any combination of the

situations under (i), (ii) and

(iii) thereof.

Recital 28b

R 32m

(28b) To ensure a uniform

approach regarding

submitted information, the

Commission should assess

whether the products

concerned are of Union

interest. If so, the

Commission should proceed

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with the preliminary phase

of investigations. Otherwise,

the submissions should be

directed to competent

authorities, based on fair

and objective criteria.

Recital 24

R 33

(24) During the preliminary

phase of investigation,

competent authorities should

focus on the economic

operators involved in the

steps of the value chain

where there is a higher risk

of forced labour with respect

to the products under

investigation, also taking

into account their size and

economic resources, the

quantity of products

concerned and the scale of

the suspected forced labour.

(24) During the preliminary

phase of investigation, the

Commission and competent

authorities should focus on

the economic operators

involved in the steps of the

valuesupply chain where

there is a higher risk of

forced labour with respect to

the products under

investigation, while also

taking into account the

potential imbalance of

power in the concerned

supply chain. In their

assessment, they should

also take into account the

size and economic resources

of the economic operator,

the quantity of products

concerned, the share of

forced labour components

in the final product, and the

scale of the suspected forced

labour and whether forced

labour imposed by state

authorities could be a

(2429) During the

preliminary phase of

investigation, competent

authorities should focus on

the economic operators

involved in the steps of the

valuesupply chain where

there is a higher risk of

forced labour with respect to

the products under

investigation, also taking

into account their size and

economic resources, the

quantity of products

concerned and the scale of

the suspected forced labour.

To ensure subsidiarity,

competent authorities may,

at any time, request the

Commission to proceed with

the preliminary phase of

investigation where the

products concerned are of

Union interest.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

concern.

Recital 30

Y 33a

(20) In order to increase the

effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

Moved reference text

(2030) In order to increase

the effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour, taking into account,

among others, the

complexity of the

proceeding and the number

of stakeholders involved.

Moved from row 29 [29 - 33a]

(20EP20) In order to

increase the effectiveness of

the prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

Recital 31

R 33b

(22) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or bring

to an end risks of forced

labour in their operations

and value chains with

respect to the products under

assessment. Carrying out

such due diligence in

(2231) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or bring

to an end risks of forced

labour in their operations

and valuesupply chains with

respect to the products under

assessment. Carrying out

such due diligence in

(22EP22) Before initiating

an investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or, bring

to an end risks of forced

labour or remediate forced

labour cases in their

operations and valuesupply

chains with respect to the

products under assessment.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

relation to forced labour

should help the economic

operator to be at a lower risk

of having forced labour in its

operations and value chains.

Appropriate due diligence

means that forced labour

issues in the value chain

have been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, no

investigation should be

initiated.

Moved reference text

relation to forced labour

should help the economic

operator to be at a lower risk

of having forced labour in its

operations and valuesupply

chains. Appropriate due

diligence means that forced

labour issues in the

valuesupply chain have been

identified and addressed in

accordance with relevant

Union legislation andor in

line with international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, no

investigation should be

initiated.

Moved from row 31 [31 - 33b]

Carrying out such due

diligence in relation to

forced labour should

helpcontribute to helping

the economic operator to be

at a lower risk of having

forced labour in its

operations and valuesupply

chains. Appropriate due

diligence meanscould mean

that forced labour issues in

the valuesupply chain have

been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, or that the

reasons that motivated the

existence of a substantiated

concern have been

eliminated, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, and, where

possible, demonstrates that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

remediation of forced

labour cases has been

provided, no investigation

should be initiated.

Economic operators, which

are not within the scope of

[Directive 20XX/XX/EU on

Corporate Sustainability

Due Diligence], shall not be

disadvantaged for the sole

fact of not having

conducted due diligence in

accordance with that

Directive, including when

they are faced with a

reversed burden of proof as

a consequence of the high

risk of forced labour

imposed by state authorities.

Recital 25

G 34

(25) Competent authorities,

when requesting information

during the investigation,

should prioritise to the

extent possible and

consistent with the effective

conduct of the investigation

the economic operators

under investigation that are

involved in the steps of the

value chain as close as

possible to where the likely

risk of forced labour occurs

and take into account the

(25) Competent authorities,

when requesting information

during the investigation,

should prioritise to the

extent possible and

consistent with the effective

conduct of the investigation

the economic operators

under investigation that are

involved in the steps of the

valuesupply chain as close

as possible to where the

likely risk of forced labour

occurs and take into account

(2532) Competent

authorities, when requesting

information during the

investigation, should

prioritise to the extent

possible and consistent with

the effective conduct of the

investigation the economic

operators under investigation

that are involved in the steps

of the valuesupply chain as

close as possible to where

the likely risk of forced

labour occurs and take into

(25) Competent authorities,

when requesting information

during the investigation,

should prioritise to the

extent possible and

consistent with the effective

conduct of the investigation

the economic operators

under investigation that are

involved in the steps of the

valuesupply chain as close

as possible to where the

likely risk of forced labour

occurs and take into account

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

size and economic resources

of the economic operators,

the quantity of products

concerned, as well as the

scale of suspected forced

labour.

the size and economic

resources of the economic

operators, the quantity of

products concerned, as well

as the scale of suspected

forced labour.

account the size and

economic resources of the

economic operators, the

quantity of products

concerned, as well as the

scale of suspected forced

labour.

the size and economic

resources of the economic

operators, the quantity of

products concerned, as well

as the scale of suspected

forced labour.

Text Origin: Council

Mandate

Recital 25a

R 34a

(25a) The Commission

should call upon external

expertise to provide an

indicative, non-exhaustive,

verifiable and regularly

updated database of forced

labour risks in specific

geographic areas or with

respect to specific products

including with regard to

forced labour imposed by

state authorities. The

database should be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations,

social partners, and

experience from

implementing Union law

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

setting out due diligence

requirements with respect to

forced labour. The database

should include a list of all

decisions of competent

authorities, including

information on the

provision of remediation of

forced labour cases that

enabled the withdrawal of

the ban.

Recital 25b

R 34b

(25b) Where there is clear,

reliable and verifiable

evidence that products

produced in specific

economic sectors within

specific geographic areas

present a high risk of

having been made with

forced labour imposed by

state authorities, those

sectors in those areas

should be identified in the

database established under

this Regulation. In order to

facilitate for the competent

authorities the

investigations of cases

where there is evidence of

high risk of forced labour

imposed by state authorities,

the power to adopt acts in

accordance with Article 290

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

TFEU should be delegated

to the Commission to

supplement this Regulation

by determining specific

economic sectors in specific

geographic areas, where

such risk occurs. For the

products coming from those

areas and those sectors,

economic operators

concerned should bear the

burden of establishing that

forced labour has not been

used at any stage of

extraction, harvest,

production, or manufacture

of a product, including

working or processing

related to the product.

Recital 32a

Y 34c

(32a) Mutual assistance

shall include, in particular,

exchange of information

and the duty of the

competent authorities to

inform other competent

authorities, the network and

the Commission about their

intention to initiate an

investigation.

Recital 26

R 35 R

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(26) Competent authorities

should bear the burden of

establishing that forced

labour has been used at any

stage of production,

manufacture, harvest or

extraction of a product,

including working or

processing related to the

product on the basis of all

information and evidence

gathered during the

investigation, including its

preliminary phase. To ensure

their right to due process,

economic operators should

have the opportunity to

provide information in their

defence to the competent

authorities throughout the

investigation.

(26) In all cases other than

those falling within the

areas and sectors

determined as high risk of

forced labour imposed by

state authorities, competent

authorities should bear the

burden of establishing that

forced labour has been used

at any stage of production,

manufacture, harvest or

extraction of a product,

including working or

processing related to the

product on the basis of all

information and evidence

gathered during the

investigation, including its

preliminary phase. To ensure

their right to due process,

economic operators should

have the opportunity to

provide information in their

defence to the competent

authorities throughout the

investigation.

(2633) Competent

authorities should bear the

burden of establishing that

forced labour has been used

at any stage of production,

manufacture, harvest or

extraction of a product,

including working or

processing related to the

product on the basis of all

information and evidence

gathered during the

investigation, including its

preliminary phase. To ensure

their right to due process,

economic operators should

have the opportunity to

provide information in their

defence to the competent

authorities throughout the

investigation.

Recital 27

R 36

(27) Competent authorities

that establish that economic

operators violated the

prohibition, should without

delay prohibit the placing

and making available of

such products on the Union

(27) The Commission and

competent authorities that

establish that economic

operators violated the

prohibition, should without

delay prohibit the placing

and making available of

(2734) Competent

authorities that establish

Where the Commission

establishes that economic

operators violated the

prohibition, should without

delay prohibit the placing

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

market and their export from

the Union, and require the

economic operators that

have been investigated to

withdraw the relevant

products already made

available from the Union

market and have them

destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management.

such products on the Union

market and their export from

the Union, and require the

economic operators that

have been investigated to

withdraw the relevant

products already made

available from the Union

market and donate

perishable products to

charitable or public interest

purposes. If such products

are not perishable,

economic operators should

recycle those products, and

if that is not possible, they

should have the

productshave them

destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management. The

prohibition to place and

make available the products

on the Union market and to

export them from the Union

should only be lifted if

economic operators are able

to demonstrate that forced

labour has been eradicated

from the supply chain and

forced labour cases have

been remediated. The

assessment of the fulfilment

and making available of

such products on the Union

market and their export from

the Union, and require the

economic operators that

have been investigated to

withdraw the relevant

productsproducts concerned

already made available from

the Union market and have

them destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of such conditions should

rest with the authority

responsible for the decision.

The prohibition and the

subsequent withdrawal

should concern the specific

products identified in the

decision.

Recital 28

Y 37

(28) In that decision,

competent authorities should

state the findings of the

investigation, and the

information underpinning

the findings, and set a

reasonable time within

which the economic

operators should comply

with the decision, as well as

information allowing for the

identification of the product

to which the decision

applies. The Commission

should be empowered to

adopt the implementing acts

necessary to specify the

details about the information

to be contained in such

decisions.

(28) In that decision, the

Commission or competent

authorities should state the

findings of the investigation,

and the information

underpinning the findings,

and set a reasonable time

within which the economic

operators should comply

with the decision, as well as

information allowing for the

identification of the product

to which the decision

applies. The Commission

should be empowered to

adopt the implementing acts

necessary to specify the

details about the information

to be contained in such

decisions. The decisions

from the Commission or

competent authorities

should be made publicly

available.

(2835) In that decision,

competent authoritiesthe

Commission should state the

findings of the investigation,

and the information

underpinning the findings,

and set a reasonable time

within which the economic

operators should comply

with the decision, as well as

information allowing for the

identification of the product

to which the decision

applies. The Commission

should be empowered to

adopt the implementing acts

necessary to specify the

details about the information

to be contained in such

decisions.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 29

Y 38

(29) In setting a reasonable

time to comply with the

order, competent authorities

should take into account the

size and economic resources

of the economic operators

concerned.

(29) In setting a reasonable

time to comply with the

order, the Commission and

competent authorities should

take into account the size

and economic resources of

the economic operators

concerned.

(2936) In setting a

reasonable time to comply

with the order, competent

authoritiesthe Commission

should take into account the

size and economic resources

of the economic operators

concerned.

Recital 37

R 38a

(42) To ensure effective

enforcement decisions taken

by a competent authority in

one Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

Moved reference text

deleted

Moved from row 51 [51 - 38a]

(42EP42) To ensure

effective enforcement

decisions taken by a

competent authority in one

Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

(42a) Acknowledging

current developments in

traceability technology to

facilitate monitoring of

supply chains, the

Commission should support

economic operators in the

uptake of such technology,

including through financial

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and technical assistance.

Recital 38

Y 38b

(31) Economic operators

should have the possibility

to request a review of the

decisions by the competent

authorities, after having

provided new information

showing that it cannot be

concluded that the relevant

products have been made

with forced labour.

Competent authorities

should withdraw their

decision where they

establish on the basis of that

new information, that it

cannot be established that

the products have been made

with forced labour.

Moved reference text

(3138) Economic operators

should have the possibility

to request a review of the

decisions by the competent

authoritiesCommission,

after having provided new

information showing that it

cannot be concluded that the

relevant productsproducts

concerned have been made

with forced labour.

Competent authoritiesThe

Commission should

withdraw theirits decision

where they establishit

establishes on the basis of

that new information, that it

cannot be established that

the products have been made

with forced labour.

Moved from row 40 [40 - 38b]

(31EP31) Economic

operators should have the

possibility to request aan

administrative review of the

decisions by the competent

authorities and by the

Commission, after having

provided new substantial

information showing that it

cannot be concluded that the

relevant products have been

made with forced labour.

Competent authorities and

the Commission should

withdraw their decision

where they establish on the

basis of that new

information, that it cannot be

established that the products

have been made with forced

labour. The decisions

adopted by the Commission

under this Regulation are

subject to review by the

Court of Justice in

accordance with Article 263

TFEU.

Recital 30

Y 39

(30) If the economic

(3039) If the economic

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operators fail to comply with

the decision of the

competent authorities by the

end of the established

timeframe, the competent

authorities should ensure

that the relevant products are

prohibited from being placed

or made available on the

Union market, exported or

withdrawn from the Union

market and that any such

products remaining with the

relevant economic operators

are destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management at the expense

of the economic operators.

operators fail to comply with

the decision of the

Commission or the

competent authorities by the

end of the established

timeframe, the Commission

or the competent authorities

should ensure that the

relevant products are

prohibited from being placed

or made available on the

Union market, exported or

withdrawn from the Union

market and that any such

products remaining with the

relevant economic operators

are donated to charitable or

public interest purposes, in

case they are perishable. If

such products are not

perishable, economic

operators should recycle

those products, and if that is

not possible, they should

have the products destroyed,

rendered inoperable, or

otherwise disposed of in

accordance with national law

consistent with Union law,

including Union legislation

on waste management at the

expense of the economic

operators.

operators fail to comply with

the decision of the

competent

authoritiesCommission by

the end of the established

timeframe, the competent

authorities should ensure

that the relevant products

concerned are prohibited

from being placed or made

available on the Union

market, exported or

withdrawn from the Union

market and that any such

products remaining with the

relevant economic operators

are destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management and on

ecodesign for sustainable

products at the expense of

the economic operators.

Products deemed valuable

for charitable or public

interest, such as medical

products, should in priority

be donated. Where possible,

competent authorities

should ensure that the

disposal or destruction

method chosen has the

smallest environmental

impact possible of all the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available options.

Recital 39a

Y 39a

(39a) The effect on animal

welfare should be

considered when enforcing

the prohibition of the

placing and making

available of products made

using forced labour in order

to spare the animals

concerned any avoidable

pain, distress or suffering.

In addition, this Regulation

should be without prejudice

to the legislation regarding

animal welfare, such as

Council Regulations (EC)

No 1/2005 1 and (EC) No

1099/2009 2. _________ 1. Council Regulation (EC) No

1/2005 of 22 December 2004 on

the protection of animals during

transport and related operations

and amending Directives

64/432/EEC and 93/119/EC and

Regulation (EC) No 1255/97, OJ

L 3, 5.1.2005, p. 1–44. 2. Council Regulation (EC) No

1099/2009 of 24 September 2009

on the protection of animals at the

time of killing, OJ L 303,

18.11.2009, p. 1–30.

Recital 39b

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Y 39b

(39b) Enforcement of the

decisions, adopted by the

Commission, lies within the

Member States. After the

decisions are communicated

to the Member States, all

competent authorities

concerned with the specific

decision shall proceed with

enforcement actions,

foreseen in the Regulation.

Recital 31

(31) Economic operators

should have the possibility

to request a review of the

decisions by the competent

authorities, after having

provided new information

showing that it cannot be

concluded that the relevant

products have been made

with forced labour.

Competent authorities

should withdraw their

decision where they

establish on the basis of that

new information, that it

cannot be established that

the products have been made

with forced labour.

(31) Economic operators

should have the possibility

to request aan

administrative review of the

decisions by the competent

authorities and by the

Commission, after having

provided new substantial

information showing that it

cannot be concluded that the

relevant products have been

made with forced labour.

Competent authorities and

the Commission should

withdraw their decision

where they establish on the

basis of that new

information, that it cannot be

established that the products

have been made with forced

labour. The decisions

Moved to row 38b [40 - 38b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

adopted by the Commission

under this Regulation are

subject to review by the

Court of Justice in

accordance with Article 263

TFEU.

Recital 32

(32) Any person, whether it

is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission.

(32) Any person, whether it

is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission. Submissions

should be addressed to one

or more competent

authorities. Adequate

protection measures should

be put in place to ensure the

safety of any person

associated with the

submission or the

information contained

within it, including from

retaliation and reprisals.

Where necessary, those

protection measures could

Moved to row 32g [41 - 32g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

go beyond the provisions in

Directive (EU) 2019/1937.

To ensure ease of use for

the submission of

information and the

standardisation of the

information provided, the

Commission should set up a

mechanism for the

submission of information,

such as a designated

webportal at the Union

level, available in all official

languages of the institutions

of the Union, and free of

charge, and ensure that it is

user-friendly and easily

accessible, including for

persons with disabilities.

Recital 33

(33) The Commission

should issue guidelines in

order to facilitate the

implementation of the

prohibition by economic

operators and competent

authorities. Such guidelines

should include guidance on

due diligence in relation to

forced labour and

complementary information

for the competent authorities

to implement the

prohibition. The guidance on

(33) The Commission

should issue detailed

guidelines in order to

facilitate the implementation

of the prohibition by

economic operators and

competent authorities. Such

guidelines should include

guidance on due diligence in

relation to forced labour, in

particular for all economic

operators that fall outside

the scope of the [Directive

20XX/XX/EU on Corporate

Moved to row 32d [42 - 32d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

due diligence in relation to

forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Sustainability Due

Diligence], since they will

not have to comply with any

mandatory due diligence

obligations, and

complementary information

for the competent authorities

to implement the

prohibition. The guidance

for economic operators

outside the scope of [CSDD]

should focus in particular

on compliance in cases

where these economic

operators are faced with a

reversed burden of proof as

a consequence of delegated

acts adopted by the

Commission of forced

labour imposed by state

authorities. The guidance

on due diligence in relation

to forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

guidelines. The guidelines

should provide tailored

recommendations for

different sectors of activity,

taking into account

specificities of the activities

and the respective supply

chains. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Recital 34

R 43

(34) Decisions of the

competent authorities

establishing a violation of

the prohibition should be

communicated to customs

authorities, who should aim

at identifying the product

concerned amongst products

declared for release for free

circulation or export. The

competent authorities should

be responsible for the overall

enforcement of the

prohibition with regard to

the internal market as well as

products entering or leaving

the Union market. Since

(34) Decisions of the

Commission or the

competent authorities

establishing a violation of

the prohibition should be

communicated to customs

authorities, who should aim

at identifying the product

concerned amongst products

declared for release for free

circulation or export. The

Commission and Member

States should ensure that

the customs authorities

have sufficient resources to

carry out these controls.

The Commission and the

(3440) Decisions of the

competent

authoritiesCommission

establishing a violation of

the prohibition should be

communicated to customs

authorities, who should aim

at identifying the product

concerned amongst products

declared for release for free

circulation or export. The

competent authorities should

be responsible for the overall

enforcement of the

prohibition with regard to

the internal market as well as

products entering or leaving

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

forced labour is part of the

manufacturing process and

does not leave any trace on

the product, and Regulation

(EU) 2019/1020 covers only

manufactured products and

its scope is limited to release

for free circulation, the

customs authorities would be

unable to act autonomously

under Regulation (EU)

2019/1020 for the

application and enforcement

of the prohibition. The

specific organisation of

controls of each Member

State should be without

prejudice to Regulation (EU)

No 952/2013 of the

European Parliament and of

the Council1 and its general

provisions on the control and

supervisory powers of

customs authorities.

_________ 1. Regulation (EU) No 952/2013 of

the European Parliament and of the

Council of 9 October 2013 laying

down the Union Customs Code

(recast) (OJ L 269, 10.10.2013, p.

1).

competent authorities should

be responsible for the overall

enforcement of the

prohibition with regard to

the internal market as well as

products entering or leaving

the Union market. Since

forced labour is part of the

manufacturing process and

does not leave any trace on

the product, and Regulation

(EU) 2019/1020 covers only

manufactured products and

its scope is limited to release

for free circulation, the

customs authorities would be

unable to act autonomously

under Regulation (EU)

2019/1020 for the

application and enforcement

of the prohibition. The

specific organisation of

controls of each Member

State should be without

prejudice to Regulation (EU)

No 952/2013 of the

European Parliament and of

the Council132 and its general

provisions on the control and

supervisory powers of

customs authorities.

__________________

32 Regulation (EU) No

952/2013 of the European

Parliament and of the

Council of 9 October 2013

laying down the Union

the Union market. Since

forced labour is part of the

manufacturing process and

does not leave any trace on

the product, and Regulation

(EU) 2019/1020 covers only

the manufactured products

covered by the Union

legislations listed in that

Regulation and its scope is

limited to release for free

circulation, the customs

authorities would be unable

to act autonomously under

Regulation (EU) 2019/1020

for the application and

enforcement of the

prohibition. The specific

organisation of controls of

each Member State should

be without prejudice to

Regulation (EU) No

952/2013 of the European

Parliament and of the

Council1 and its general

provisions on the control and

supervisory powers of

customs authorities.

_________ 1. Regulation (EU) No 952/2013 of

the European Parliament and of the

Council of 9 October 2013 laying

down the Union Customs Code

(recast) (OJ L 269, 10.10.2013, p.

1).

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Customs Code (recast) (OJ

L 269, 10.10.2013, p. 1). _________ 1. Regulation (EU) No 952/2013 of

the European Parliament and of

the Council of 9 October 2013

laying down the Union Customs

Code (recast) (OJ L 269,

10.10.2013, p. 1).

Recital 35

Y 44

(35) The information

currently made available to

customs authorities by

economic operators includes

only general information on

the products but lacks

information on the

manufacturer or producer

and product suppliers as well

as specific information on

products. In order for

customs authorities to be

able to identify products

entering or leaving the

Union market that may

violate the Regulation and

should accordingly be

stopped at the EU external

borders, economic operators

should submit to customs

authorities information

allowing matching a

decision of the competent

authorities with the product

concerned. This should

(35) The information

currently made available to

customs authorities by

economic operators includes

only general information on

the products but lacks

information on the

manufacturer or producer

and product suppliers as well

as specific information on

products. In order for

customs authorities to be

able to identify products

entering or leaving the

Union market that may

violate the Regulation and

should accordingly be

stopped at the EU external

borders, economic operators

should submit to customs

authorities information

allowing matching a

decision of the Commission

or the competent authorities

with the product concerned.

(3541) The information

currently provided or made

available to customs

authorities by economic

operators includes only

general information on the

products but lacks

information on the

manufacturer or producer

and product suppliers as well

as specific information on

products. In order for

customs authorities to be

able to identify products

entering or leaving the

Union market that may

violate the Regulation and

should accordingly be

stopped at the EU external

borders, economic operators

should submit to customs

authorities information

allowing matching a

decision of the competent

authorities with the product

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

include information on the

manufacturer or producer

and the product suppliers as

well as any other

information on the product

itself. To this end, the

Commission should be

empowered to adopt

delegated acts identifying

the products for which such

information should be

provided using, amongst

others, the database

established under this

Regulation as well as the

information and decisions of

the competent authorities

encoded in the information

and communication system

set out in Article 34 of

Regulation (EU) 2019/1020

(‘ICSMS’). Moreover, the

Commission should be

empowered to adopt, the

implementing acts necessary

to specify the details of the

information to be made

available to customs by the

economic operators. This

information should include

the description, name or

brand of the product,

specific requirements under

Union legislation for the

identification of the product

(such as a type, reference,

model, batch or serial

This should include

information on the

manufacturer or producer

and the product suppliers as

well as any other

information on the product

itself. To this end, the

Commission should be

empowered to adopt

delegated acts identifying

the products for which such

information should be

provided using, amongst

others, the database

established under this

Regulation as well as the

information and decisions of

the competent authorities

encoded in the information

and communication system

set out in Article 34 of

Regulation (EU) 2019/1020

(‘ICSMS’). Moreover, the

Commission should be

empowered to adopt, the

implementing acts necessary

to specify the details of the

information to be made

available to customs by the

economic operators. This

information should include

the description, name or

brand of the product,

specific requirements under

Union legislation for the

identification of the product

(such as a type, reference,

concerned. This should

include information on the

manufacturer or producer

and the product suppliers as

well as any other

information on the product

itself. To this end, the

Commission should be

empowered to adopt

delegated acts identifying

the products for which such

information should be

provided using, amongst

others, the database

established under this

Regulation as well as the

information and decisions of

the competent

authoritiesCommission

encoded in the information

and communication system

set out in Article 34 of

Regulation (EU) 2019/1020

(‘ICSMS’). Moreover, the

Commission should be

empowered to adopt,

theadop implementing acts

necessary to specify the

details of the information to

be provided or made

available to customs by the

economic operators. This

information should include

the description, name or

brand of the product,

specific requirements under

Union legislation for the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

number affixed on the

product, or provided on the

packaging or in a document

accompanying the product,

or unique identifier of the

digital product passport) as

well as details on the

manufacturer or producer

and the product suppliers,

including for each of them

their name, trade name or

registered trademark, their

contact details, their unique

identification number in the

country they are established

and, where available, their

Economic Operators

Registration and

Identification (EORI)

number. The review of the

Union Customs Code will

consider introducing in the

customs legislation the

information required to be

made available to customs

by the economic operators

for the enforcement of this

Regulation and more broadly

to strengthen the

transparency of the supply

chain.

model, batch or serial

number affixed on the

product, or provided on the

packaging or in a document

accompanying the product,

or unique identifier of the

digital product passport) as

well as details on the

manufacturer or producer

and the product suppliers,

including for each of them

their name, trade name or

registered trademark, their

contact details, their unique

identification number in the

country they are established

and, where available, their

Economic Operators

Registration and

Identification (EORI)

number. The review of the

Union Customs Code will

consider introducing in the

customs legislation the

information required to be

made available to customs

by the economic operators

for the enforcement of this

Regulation and more broadly

to strengthen the

transparency of the supply

chain. The Commission

should issue guidance and

support to economic

operators, especially SMEs,

on how to collect the

required information.

identification of the product

(such as a type, reference,

model, batch or serial

number affixed on the

product, or provided on the

packaging or in a document

accompanying the product,

or unique identifier of the

digital product passport) as

well as details on the

manufacturer or producer

and the product suppliers,

including for each of them

their name, trade name or

registered trademark, their

contact details, their unique

identification number in the

country they are established

and, where available, their

Economic Operators

Registration and

Identification (EORI)

number. The review of the

Union Customs Code will

consider introducing in the

customs legislation the

information required to be

provided or made available

to customs by the economic

operators for the

enforcement of this

Regulation and more broadly

to strengthen the

transparency of the supply

chain.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 36

Y 45

(36) Customs authorities

that identify a product that

may be covered by a

decision communicated by

competent authorities

establishing a violation of

the prohibition should

suspend the release of that

product and notify the

competent authorities

immediately. Competent

authorities should reach a

conclusion within a

reasonable timeframe on the

case notified to them by the

customs authorities, either

by confirming or by denying

that the product concerned is

covered by a decision.

Where necessary the

competent authorities should

be authorised to require

maintaining the suspension

of its release. In the absence

of a conclusion by

competent authorities within

the specified time limit,

customs authorities should

release the products if all

other applicable

requirements and formalities

are fulfilled. Generally, the

release for free circulation or

(36) Customs authorities

that identify a product that

may be covered by a

decision communicated by

the Commission or

competent authorities

establishing a violation of

the prohibition should

suspend the release of that

product and notify the

competent authorities

immediately. The

Commission or the

competent authorities should

reach a conclusion within a

reasonable timeframe on the

case notified to them by the

customs authorities, either

by confirming or by denying

that the product concerned is

covered by a decision.

Where necessary and duly

justified, the Commission or

the competent authorities

should be authorised to

require maintaining the

suspension of its release,

taking into account the

potential damage for the

economic operator. In the

absence of a conclusion by

competent authorities within

the specified time limit,

(3642) Customs authorities

that identify a product that

may be covered by a

Commission decision

communicated byto

competent authorities

establishing a violation of

the prohibition should

suspend the release of that

product and notify the

competent authorities

immediately. Competent

authorities should reach a

conclusion within a

reasonable timeframe on the

case notified to them by the

customs authorities, either

by confirming or by denying

that the product concerned is

covered by a Commission

decision. Where necessary

the competent authorities

should be authorised to

require maintaining the

suspension of its release. In

the absence of a conclusion

by competent authorities

within the specified time

limit, customs authorities

should release the products

if all other applicable

requirements and formalities

are fulfilled. Generally, the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

export should also not be

deemed to be proof of

compliance with Union law,

since such a release does not

necessarily include a

complete control of such

compliance.

customs authorities should

release the products if all

other applicable

requirements and formalities

are fulfilled. Generally, the

release for free circulation or

export should also not be

deemed to be proof of

compliance with Union law,

since such a release does not

necessarily include a

complete control of such

compliance.

release for free circulation or

export should also not be

deemed to be proof of

compliance with Union law,

since such a release does not

necessarily include a

complete control of such

compliance.

Recital 37

Y 46

(37) Where the competent

authorities conclude that a

product corresponds to a

decision establishing a

violation of the prohibition,

they should immediately

inform customs authorities

which should refuse its

release for free circulation or

export. The product should

be destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

legislation on waste

management, which

excludes re-export in case of

non-Union goods.

(37) Where the Commission

or the competent authorities

conclude that a product

corresponds to a decision

establishing a violation of

the prohibition, they should

immediately inform customs

authorities which should

refuse its release for free

circulation or export. The

product should be donated

to charitable or public

interest purposes if it is

perishable. If such products

are not perishable, they

should be recycled, and if

that is not possible, they should be destroyed,

rendered inoperable, or

otherwise disposed of in

(3743) Where the competent

authorities conclude that a

product corresponds to a

Commission decision

establishing a violation of

the prohibition, they should

immediately inform customs

authorities which should

refuse its release for free

circulation or export. The

product should be destroyed,

rendered inoperable, or

otherwise disposed of in

accordance with national law

consistent with Union law,

including legislation on

waste management and on

ecodesign, which excludes

re-export in case of non-

Union goods.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

accordance with national law

consistent with Union law,

including legislation on

waste management, which

excludes re-export in case of

non-Union goods.

Recital 37a

Y 46a

(37a) The Commission

should take into due

consideration the risk of

disengagement by economic

operators who are either

related to products or

regions in the database, or

who have had their product

removed from the Union

market, as well as the

consequences on affected

workers. The Commission

should therefore, where

appropriate, support

economic operators in

adopting and carrying out

measures suitable and

effective for bringing forced

labour to an end.

Responsible disengagement

entails, as a minimum,

complying with collective

agreements and articulating

escalation measures.

Recital 38

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 47

(38) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

(38) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

(3844) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

(38) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Recital 38a

G 47a

(43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

(4345) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

(43EP43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

(4345) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Moved reference text

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Moved from row 52 [52 - 47a]

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Text Origin: Council

Mandate

Recital 38b

G 47b

(46) In order to ensure

(46EP46) In order to ensure

(46) In order to ensure G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Moved reference text

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Moved from row 55 [55 - 47b]

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Text Origin: Council

Mandate

Recital 47

Y 47c

(47) In order to supplement

or amend certain non-

essential elements of this

Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

deleted

Moved from row 56 [56 - 47c]

(47EP47) In order to

supplement or amend certain

non-essential elements of

this Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

Moved reference text

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

Recital 48

R 47d

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act

effectively, including the

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act effectively,

including the able to act

effectively the power to

adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission in respect of

further specifying the

additional information

identifying the relevant

product, concerned

(information about the

manufacturer or the producer

and information about the

product suppliers as regards

(48EP48) In order to ensure

that the customs authorities

are provided with all the

necessary information about

the product to act

effectively, including the

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

Moved reference text

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated) that

economic operators should

make available or provide to

the Commissioncustoms

authorities. Customs

authorities need to be

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

Moved from row 57 [57 - 47d]

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

(48a) In order to ensure

that penalties are effective

and fair and to prevent a

distorted approach to

penalties in the internal

market, the power to adopt

acts in accordance with

Article 290 TFEU should be

delegated to the

Commission. The

Commission should define

the method for the

calculation of financial

penalties and the thresholds

applicable, define where

they are to be used, and

specify mitigating and

aggravating circumstances

to guide Member States in

designing their penalty

regimes.

(48b) The Commission

should carry out an

evaluation of this

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Regulation in light of the

objective it pursues, and

should submit a report

thereon to the European

Parliament, to the Council

and to the European

Economic and Social

Committee. The report

should assess whether this

Regulation achieved its

objectives, in particular

with regard to reducing the

number of products on the

Union market made with

forced labour, improving

cooperation between

competent authorities and

strengthening the controls

on products entering the

Union market, the impact

on business of

administrative procedures,

the cost of compliance, the

impact on trade and on

competitiveness of

companies operating in the

internal market, the

alignment with other

relevant Union law, the

contribution to fight forced

labour globally, and the

overall cost-benefit and

effectiveness.

Recital 39

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(39) A uniform enforcement

of the prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission.

(39) A uniform enforcement

of the prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission. This

cooperation should be

coordinated by the

Commission.

Moved to row 26h [48 - 26h]

Recital 40

(40) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

(40) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

Moved to row 26i [49 - 26i]

Recital 41

(41) In order to optimise

and unburden the control

(41) In order to optimise

and unburden the control

Moved to row 26j [50 - 26j]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

requirement.

_________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

requirement.

_________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

Recital 42

(42) To ensure effective

enforcement decisions taken

by a competent authority in

one Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

(42) To ensure effective

enforcement decisions taken

by a competent authority in

one Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

Moved to row 38a [51 - 38a]

Recital 42a

51a

(42a) Acknowledging

current developments in

traceability technology to

facilitate monitoring of

supply chains, the

Commission should support

economic operators in the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

uptake of such technology,

including through financial

and technical assistance.

Recital 43

(43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

(43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

Moved to row 47a [52 - 47a]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Recital 44

(44) To ensure effective

enforcement of the

prohibition, it is necessary to

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

between Member States and

the Commission, thereby

helping to strengthen the

(44) To ensure effective

enforcement of the

prohibition, it is necessary to

establish a network,

coordinated by the

Commission, aimed at

structured coordination and

cooperation between the

Commission, the competent

authorities of the Member

States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations, facilitate

capacity building activities,

such as the organisation of

training programmes for

competent authorities and

other relevant stakeholders,

Moved to row 26f [53 - 26f]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

enforcement of the

prohibition.

promote exchanges of

personnel between

competent authorities and,

where appropriate, with the

authorities of partner third

countries or with

international organisations,

assist in the organisation of

information campaigns and

voluntary mutual visit

programmes between

competent authorities,

involve and facilitate the

diplomatic representations

of the Union to assist in the

information gathering

efforts of this Regulation.

The. That administrative

support structure to be

provided by the Commission should allow the pooling of

resources and maintain a

communication and

information system between

Member States and the

Commission, thereby

helping to strengthen the

enforcement of the

prohibition.

Recital 44a

53a

(44a) The Commission

should ensure the effective

and uniform application of

this Regulation and to that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

effect support and

encourage cooperation

between enforcement

authorities through the

Network.

Recital 45

(45) Since forced labour is a

global problem and given

the interlinkages of the

global value chains, it is

necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

with authorities of third

countries and international

organisations to enhance the

effective implementation of

the prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

(45) Since forced labour is a

global problem and given

the interlinkages of the

global valuesupply chains, it

is necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

with authorities of third

countries and international

organisations, as well as

with other actors, to

enhance the effective

implementation of the

prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

Moved to row 32e [54 - 32e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

specific ones that will be

created on an ad hoc basis.

Existing dialogue structures

with third countries include

the (sub)committees on

trade and sustainable

development in trade

agreements or the dialogue

foreseen within the

Generalised System of

Preferences. The

Commission should ensure

coherence and synergies

between relevant external

policies, in particular

development cooperation

and projects focusing on the

eradication of forced

labour, and it should also

foster the creation of

enabling environments in

third countries to promote

and protect human rights,

including capacity building

to support workers and

local communities in their

efforts to root out forced

labour from global supply

chains. Additionally, the

Commission should have

regular contact and

cooperation in particular

with countries that have

similar legislation in place,

to share information of risk

products or regions as well

as best practices for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

bringing to an end forced

labour. Union delegations

should have an important

role when it comes to

disseminating information

on this Regulation and

should facilitate the

possibility of third parties in

third countries to provide

information on the

existence of forced labour

on a determined product.

Recital 46

(46) In order to ensure

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

(46) In order to ensure

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Moved to row 47b [55 - 47b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 47

(47) In order to supplement

or amend certain non-

essential elements of this

Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

(47) In order to supplement

or amend certain non-

essential elements of this

Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

Moved to row 47c [56 - 47c]

Recital 48

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act

effectively, including the

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act

effectively, including the

Moved to row 47d [57 - 47d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

Recital 48a

57a

(48a) In order to ensure

that penalties are effective

and fair and to prevent a

distorted approach to

penalties in the internal

market, the power to adopt

acts in accordance with

Article 290 TFEU should be

delegated to the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Commission. The

Commission should define

the method for the

calculation of financial

penalties and the thresholds

applicable, define where

they are to be used, and

specify mitigating and

aggravating circumstances

to guide Member States in

designing their penalty

regimes.

Recital 48b

57b

(48b) The Commission

should carry out an

evaluation of this

Regulation in light of the

objective it pursues, and

should submit a report

thereon to the European

Parliament, to the Council

and to the European

Economic and Social

Committee. The report

should assess whether this

Regulation achieved its

objectives, in particular

with regard to reducing the

number of products on the

Union market made with

forced labour, improving

cooperation between

competent authorities and

strengthening the controls

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

on products entering the

Union market, the impact

on business of

administrative procedures,

the cost of compliance, the

impact on trade and on

competitiveness of

companies operating in the

internal market, the

alignment with other

relevant Union law, the

contribution to fight forced

labour globally, and the

overall cost-benefit and

effectiveness.

Recital 49

G 58

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

order to achieve that

objective.

order to achieve that

objective.

order to achieve that

objective.

order to achieve that

objective.

Text Origin: Commission

Proposal

Recital 50

Y 59

(50) In order to allow for

the prompt application of the

measures provided for in this

Regulation, this Regulation

should enter into force on

the day following that of its

publication in the Official

Journal of the European

Union,

(50) In order to allow for

the prompt application of the

measures provided for in this

Regulation, this Regulation

should enter into force on

the day following that of its

publication in the Official

Journal of the European

Union,

deleted

Formula

G 60

HAVE ADOPTED THIS

REGULATION:

HAVE ADOPTED THIS

REGULATION:

HAVE ADOPTED THIS

REGULATION:

HAVE ADOPTED THIS

REGULATION:

Text Origin: Commission

Proposal

Chapter I

G 61

Chapter I

General provisions

Chapter I

General provisions

Chapter I

General provisions

Chapter I

General provisions

Text Origin: Commission

Proposal

Article 1

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 62

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Text Origin: Commission

Proposal

Article 1(1)

G 63

1. This Regulation lays

down rules prohibiting

economic operators from

placing and making

available on the Union

market or exporting from the

Union market products made

with forced labour.

1. This Regulation lays

down rules prohibiting

economic operators from

placing and making

available on the Union

market or exporting from the

Union market products made

with forced labour, and

contributes to the fight

against forced labour.

1. The purpose of this

Regulation lays down is to

contribute to the proper

functioning of the internal

market by laying down

harmonised rules

prohibiting economic

operators from placing and

making available on the

Union market or exporting

from the Union market

products made with forced

labour.

1. This Regulation lays

down rules prohibiting

economic operators from

placing and making

available on the Union

market or exporting from the

Union market products made

with forced labour with a

view to improving the

functioning of the internal

market, while contributing

to the fight against forced

labour.

Article 1(2)

G 64

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

Text Origin: Commission

Proposal

Article 1(2a)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 64a

3. This Regulation shall

not create additional due

diligence obligations for

economic operators besides

those already provided by

mandatory national or

Union requirements, in

particular national

measures transposing

[Directive 20XX/XX/EU of

the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence].

3. This Regulation does

not create additional due

diligence obligations for

economic operators besides

those already provided by

Union or national law , in

particular national

measures transposing

[Directive 20XX/XX/EU of

the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence].

Article 2

G 65

Article 2

Definitions

Article 2

Definitions

Article 2

Definitions

Article 2

Definitions

Text Origin: Commission

Proposal

Article 2, first paragraph

G 66

For the purposes of this

Regulation, the following

definitions apply:

For the purposes of this

Regulation, the following

definitions apply:

For the purposes of this

Regulation, the following

definitions apply:

For the purposes of this

Regulation, the following

definitions apply:

Text Origin: Commission

Proposal

Article 2, first paragraph, point (a)

G 67 G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(a) ‘forced labour’ means

forced or compulsory labour

as defined in Article 2 of the

Convention on Forced

Labour, 1930 (No. 29) of the

International Labour

Organization, including

forced child labour;

(a) ‘forced labour’ means

forced or compulsory labour

as defined in all work or

service that is exacted from

a person under the menace

of a penalty and for which

that person has not offered

himself or herself

voluntarily in accordance

with Article 2 of the

Convention on Forced

Labour, 1930 (No. 29) of the

International Labour

Organization, including

forced child labour, and can

occur along the value

chain;

(a) ‘forced labour’ means

forced or compulsory labour,

including forced child

labour, as defined in Article

2 of the Convention on

Forced Labour, 1930 (No.

29) of the International

Labour Organization,

including forced child

labour;

(a) ‘forced labour’ means

forced or compulsory labour,

including forced child

labour, as defined in Article

2 of the Convention on

Forced Labour, 1930 (No.

29) of the International

Labour Organization,

including forced child

labour;

Text Origin: Council

Mandate

Article 2, first paragraph, point (b)

G 68

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour as

described in Article 1 of the

Convention on the Abolition

of Forced Labour, 1957 (No.

105) of the International

Labour Organization;

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour:

(i) as a means of

political coercion or

education or as a

punishment for holding or

expressing political views or

opinions ideologically

opposed to the established

political, social or economic

system;

(ii) as a method of

mobilising and using labour

for purposes of economic

development;

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour as

described in Article 1 of the

Convention on the Abolition

of Forced Labour, 1957 (No.

105) of the International

Labour Organization;

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour as

described in Article 1 of the

Convention on the Abolition

of Forced Labour, 1957 (No.

105) of the International

Labour Organization;

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(iii) as a means of

labour discipline;

(iv) as a punishment

for having participated in

strikes;

(v) as a means of

racial, social, national or

religious discrimination;

as listed as described in

Article 1 of the Convention

on the Abolition of Forced

Labour, 1957 (No. 105) of

the International Labour

Organization;

Article 2, first paragraph, point (ba)

R 68a

(ba) ‘remediation’ means

both the process of

providing remedy to victims

of forced labour for a

negative human rights

impact and the substantive

outcomes that can

counteract, or make good,

the negative impact of

forced labour, such as

public apologies, restitution,

rehabilitation,

compensation, contribution

to investigations, and

compliance with measures

adopted by relevant public

authorities, as well as

prevention of additional

harm;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 2, first paragraph, point (c)

G 69

to forced labour’ means the

efforts by economic operator

to implement mandatory

requirements, voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be made available on the

Union market or to be

exported;

to forced labour’ means the

efforts by economic operator

to implement mandatory

requirements, voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be made available on the

Union market or to be

exported;

to forced labour’ means the

efforts by economic operator

to implement mandatory

national or EU

requirements, in particular

national measures

transposing [Directive

20XX/XX/EU of the

European Parliament and

of the Council on Corporate

Sustainability Due

Diligence], voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be placed or to be made

available on the Union

market or to be exported;

to forced labour’ means the

efforts by economic operator

to implement mandatory

requirements, in particular

national measures

transposing Directive

20XX/XX/EU of the

European Parliament and

of the Council on Corporate

Sustainability Due

Diligence, voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be placed or to be made

available on the Union

market or to be exported;

Article 2, first paragraph, point (d)

G 70

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

Text Origin: Council

Mandate

Article 2, first paragraph, point (e)

G 71

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (f)

G 72

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

stage of its supply chain;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (g)

G 73

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (ga)

G 73a

(ga) 'supply chain' means

the activities of the

company’s upstream

business partners related to

the extraction, harvest,

production or

manufacturing of a

product, including working

or processing related to the

product at any stage of

those activities;

(ga) ‘supply chain’ means

the entire network of

operators involved at all

stages, upstream of the

product being made

available on the market,

related to the extraction,

harvesting, production,

manufacturing and supply

of a product or parts of the

products to be incorporated

in the final products to be

(ga) 'supply chain' means

the system of activities,

processes and actors

involved at all stages

upstream of the product

being made available on the

market, namely the

extraction, harvesting,

production and

manufacturing of a product

in whole or in part,

including working or

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

made available;

processing related to the

product at any of those

stages;

Article 2, first paragraph, point (h)

G 74

(h) ‘economic operator’

means any natural or legal

person or association of

persons who is placing or

making available products

on the Union market or

exporting products;

(h) ‘economic operator’

means any natural or legal

person or association of

persons who is placing or

making available products

on the Union market or

exporting products;

(h) ‘economic operator’

means the manufacturer,

producer, product supplier,

importer, exporter or any

natural or legal person or

association of persons who

is placing or making

available products on the

Union market or exporting

products;

(h) ‘economic operator’

means any natural or legal

person or association of

persons who is placing or

making available products

on the Union market or

exporting products from the

Union;

Text Origin: Council

Mandate

Article 2, first paragraph, point (i)

G 75

(i) ‘manufacturer’ means

the manufacturer of the

product pursuant to the

Union legislation applicable

to that product;

(i) ‘manufacturer’ means

the manufacturer of the

product pursuant to the

Union legislation applicable

to that product;

(i) ‘manufacturer’ means the

manufacturer of theany

natural or legal person who

manufactures a product

pursuant to the Union

legislation applicable to that

productor has a product

designed or manufactured,

and markets that products

under its name or

trademark;

(i) ‘manufacturer’ means the

manufacturer of theany

natural or legal person who

manufactures a product

pursuant to the Union

legislation applicable to that

productor has a product

designed or manufactured,

and markets that products

under its name or

trademark;

Text Origin: Council

Mandate

Article 2, first paragraph, point (j)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 76

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (k)

G 77

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (ka)

G 77a

(ka) ‘end user’ means any

natural or legal person

residing or established in

the Union, to whom a

product has been made

(EPma) ‘end user’ means

any natural or legal person

residing or established in

the Union, to whom a

product has been made

(ka) ‘end user’ means any

natural or legal person

residing or established in

the Union, to whom a

product has been made

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of its industrial or

professional activities;

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of his or her

industrial or professional

activities;

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of its industrial or

professional activities;

Text Origin: Council

Mandate

Article 2, first paragraph, point (l)

G 78

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (m)

G 79

(m) ‘exporter’ means the

exporter as defined in

Article 1, point (19) of

Commission Delegated

Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

(m) ‘exporter’ means the

exporter as defined in

Article 1, point (19) of

Commission Delegated

Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

(m) ‘exporter’ means the

exporter as defined in Article

1, point (19) of Commission

Delegated Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

the European Parliament and of the

(m) ‘exporter’ means the

exporter as defined in Article

1, point (19) of Commission

Delegated Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

the European Parliament and of the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the European Parliament and of the

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

the European Parliament and of the

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

Text Origin: Commission

Proposal

Article 2, first paragraph, point (ma)

79a

(ma) ‘end user’ means any

natural or legal person

residing or established in

the Union, to whom a

product has been made

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of his or her

industrial or professional

activities;

deleted

Article 2, first paragraph, point (n)

G 80

(n) ‘substantiated concern’

means a well-founded

reason, based on objective

and verifiable information,

for the competent authorities

to suspect that products were

likely made with forced

labour;

(n) ‘substantiated concern’

means a well-founded

reason, based on objective,

factual and verifiable

information, for the

competent authorities to

suspect that products were

likely made with forced

labour;

(n) ‘substantiated concern’

means a well-founded

reason,reasonable

indication based on

objective and verifiable

information, for the

competent authorities to

suspect that products were

likely made with forced

labour;

(n) ‘substantiated concern’

means a well-founded

reason,reasonable

indication based on

objective, factual and

verifiable information, for

the competent authorities to

suspect that products were

likely made with forced

labour;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 2, first paragraph, point (na)

Y 80a

(na) 'Competent authority’

means competent authority

as designated pursuant to

Article 5 of this Regulation;

Article 2, first paragraph, point (o)

G 81

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (p)

G 82

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and placed under the

customs procedure ‘release

for free circulation’;

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and placed under the

customs procedure ‘release

for free circulation’;

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and to be placed

under the customs procedure

‘release for free circulation’;

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and to be placed

under the customs procedure

‘release for free circulation’;

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 2, first paragraph, point (q)

G 83

(q) ‘products leaving the

Union market’ means

products placed under the

customs procedure ‘export’;

(q) ‘products leaving the

Union market’ means

products placed under the

customs procedure ‘export’;

(q) ‘products leaving the

Union market’ means

products to be placed under

the customs procedure

‘export’;

(q) ‘products leaving the

Union market’ means

products to be placed under

the customs procedure

‘export’;

Text Origin: Council

Mandate

Article 2, first paragraph, point (r)

G 84

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (s)

G 85

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (t)

G 86 G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX establishing

the European Union Single

Window Environment for

Customs and amending

Regulation (EU) No

952/2013 COM/2020/673

final];

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX establishing

the European Union Single

Window Environment for

Customs and amending

Regulation (EU) No

952/2013 COM/2020/673

final];

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX2022/2399

establishing the European

Union Single Window

Environment for Customs

and amending Regulation

(EU) No 952/2013

COM/2020/673 final];

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX2022/2399

establishing the European

Union Single Window

Environment for Customs

and amending Regulation

(EU) No 952/2013

COM/2020/673 final];

Text Origin: Council

Mandate

Article 2, first paragraph, point (u)

G 87

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX of the

European Parliament and of

the Council1].

_________ 1. Regulation (EU) XX/20XX of

the European Parliament and of the

Council of ....... ,OJ, .......

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX of the

European Parliament and of

the Council1].

_________ 1. Regulation (EU) XX/20XX of

the European Parliament and of the

Council of ....... ,OJ, .......

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX2022/2399 of

the European Parliament and

of the Council1].

_________ 1. Regulation (EU) XX/20XX

2022/2399 of the European

Parliament and of the Council of

....... ,OJ, ......23 November 2022

establishing the European Union

Single Window Environment for

Customs and amending

Regulation (EU) No 952/2013,OJ

L 317, 9.12.2022, p.1.

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX2022/2399 of

the European Parliament and

of the Council1].

_________ 1. Regulation (EU) XX/20XX

2022/2399 of the European

Parliament and of the Council of

....... ,OJ, ......23 November 2022

establishing the European Union

Single Window Environment for

Customs and amending

Regulation (EU) No 952/2013,OJ

L 317, 9.12.2022, p.1.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Text Origin: Council

Mandate

Article 3

G 88

Article 3

Prohibition of products made

with forced labour

Article 3

Prohibition of products made

with forced labour

Article 3

Prohibition of products made

with forced labour

Article 3

Prohibition of products made

with forced labour

Text Origin: Commission

Proposal

Article 3, first paragraph

G 89

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Text Origin: Commission

Proposal

Article 4

G 89a

Article 4

Cases where the product is

offered for distance sales

Article 4

Cases where a product is

offered through distance

selling

Text Origin: Council

Mandate

Article 4, first paragraph

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 89b

Products offered for sale

online or through other

means of distance sales

shall be deemed to be made

available on the market if

the offer is targeted at end-

users in the Union. An offer

for sale shall be considered

to be targeted at end-users

in the Union if the relevant

economic operator directs,

by any means, its activities

to one or more Member

States.

Products offered for sale

online or through other

means of distance selling

shall be deemed to be made

available on the market if

the offer is targeted at end-

users in the Union. An offer

for sale shall be considered

to be targeted at end-users

in the Union if the relevant

economic operator directs,

by any means, its activities

to one or more Member

States.

Chapter II

Investigations and decisions

of competent authorities

Chapter II

Investigations and decisions

of competent authorities and

the Commission

Chapter II

deleted

Investigations' Chapter moved to New Chapter III

Article 4

Article 4

Preliminary phase of

investigations

Article 4

Preliminary phase of

investigations

Article 4

Preliminary phase of

investigations

Preliminary phase of investigations moved to New Article 15

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 4(1)

1. Competent authorities

shall follow a risk-based

approach in assessing the

likelihood that economic

operators violated Article 3.

That assessment shall be

based on all relevant

information available to

them, including the

following information:

1. The Commission and

competent authorities shall

follow a risk-based approach

in assessing the likelihood

that economic operators

violated Article 3. That

assessment shall be based on

all relevant factual and

verifiable information

available to them, including

the following information:

Moved to row 180a [92 - 180a]

Article 4(1), point (a)

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

Moved to row 180c [93 - 180c]

Article 4(1), point (b)

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c);

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c)point (b);

Moved to row 180e [94 - 180e]

Article 4(1), point (c)

in Article 11;

Moved to row 180g [95 - 180g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 4(1), point (d)

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

Moved to row 180i [96 - 180i]

Article 4(1), point (e)

(e) information requested by

the competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour.

(e) information requested by

the Commission or the

competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour.;

Moved to row 180j [97 - 180j]

Article 4(1), point (ea)

97a

(ea) any issues arising from

meaningful consultations

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with relevant stakeholders.

Article 4(2)

2. In their assessment of the

likelihood that economic

operators violated Article 3,

competent authorities shall

focus on the economic

operators involved in the

steps of the value chain as

close as possible to where

the risk of forced labour is

likely to occur and take into

account the size and

economic resources of the

economic operators, the

quantity of products

concerned, as well as the

scale of suspected forced

labour.

2. In their assessment of the

likelihood that economic

operators violated Article 3,

the Commission and

competent authorities shall

focus on the economic

operators and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the risk

of forced labour is likely to

occur and take into account

the size and economic

resources of the economic

operators, the share of

forced labour component in

the final product, the

quantity of products

concerned, as well as the

scale of suspected forced

labour and whether state-

imposed forced labour

could be a concern.

Moved to row 188a [98 - 188a]

Article 4(2a)

98a

2a. The right of the

economic operator to be

heard shall be respected at

all stages of the process.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 4(3)

3. Before initiating an

investigation in accordance

with Article 5(1), the

competent authority shall

request from the economic

operators under assessment

information on actions taken

to identify, prevent, mitigate

or bring to an end risks of

forced labour in their

operations and value chains

with respect to the products

under assessment, including

on the basis of any of the

following:

3. Before initiating an

investigation in accordance

with Article 5(1), the

Commission or the

competent authority shall

request from the economic

operators under assessment

and relevant product

suppliers information on

actions taken to identify,

prevent, mitigate or bring to

an end risks of forced labour

and remediate forced labour

cases in their operations and

valuesupply chains with

respect to the products under

assessment, including on the

basis of any of the

following:

Moved to row 188b [99 - 188b]

Article 4(3), point (a)

100

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

Moved to row 188c [100 - 188c]

Article 4(3), point (b)

101

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

Moved to row 188d [101 - 188d]

Article 4(3), point (c)

102

or recommendations of the

UN, ILO, OECD or other

relevant international

organisations;

or recommendations of the

UN, ILO, OECD or other

relevant international

organisations, as well as of

social partners, in

particular those guidelines

and recommendations

relating to geographic

areas, productions sites and

economic activities in

certain sectors, in specific

areas with systematic and

widespread forced labour

practices;

Moved to row 188e [102 - 188e]

Article 4(3), point (d)

103

(d) any other due diligence

in relation to forced labour.

(d) any other due diligence

in relation to forced labour.

Moved to row 188f [103 - 188f]

Article 4(2b), second subparagraph

103a

The Commission and

competent authorities may

request information on

those actions from other

relevant stakeholders,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

including the persons or

associations having

submitted relevant

information pursuant to

Article 10 and any other

stakeholder working on the

products or regions related

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries.

Article 4(2c)

103b

3a. Notwithstanding

paragraph 2a, the

Commission and competent

authorities may refrain

from requesting

information from the

economic operator and

relevant product suppliers if

they have a well-founded

reason to believe, based on

objective information, that

it represents a risk to the

investigation.

Article 4(4)

104

4. Economic operators shall

respond to the request of the

competent authority referred

to in paragraph 3 within 15

4. Economic operators and

relevant product suppliers

shall respond to the request

of the Commission or

Moved to row 188g [104 - 188g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

working days from the day

they received such request.

Economic operators may

provide to competent

authorities any other

information they may deem

useful for the purposes of

this Article.

competent authority referred

to in paragraph 3 within

1530 working days from the

day they received such

request. Economic operators

may provide to the

Commission or competent

authorities any other

information they may deem

useful for the purposes of

this Article.

Article 4(5)

105

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators pursuant

to paragraph 4, the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4.

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators and

relevant product suppliers

pursuant to paragraph 4, the

Commission or the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators and relevant

product suppliers pursuant

to paragraph 4.

Moved to row 188i [105 - 188i]

Article 4(5a)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

105a

5a. Notwithstanding

paragraph 5, the

Commission or competent

authorities may conclude

that there is substantiated

concern on the basis of any

other facts available where

it was not possible to gather

information and evidence

pursuant to paragraph 4, or

where the competent

authorities or the

Commission have refrained

from requesting

information in accordance

with paragraph 3a.

Article 4(6)

106

6. The competent authority

shall duly take into account

where the economic operator

demonstrates that it carries

out due diligence on the

basis of identified forced

labour impact in its supply

chain, adopts and carries out

measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

deleted

Moved to row 188j [106 - 188j]

Article 4(7)

107

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

7. Competent authorities

shall not initiate an

investigation pursuant to

Article 5, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3, for instance due to,

but not limited to, the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

7. The Commission or

competent authorities shall

not initiate an investigation

pursuant to Article 5, and

shall inform the economic

operators under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the

Commission or the

competent authorities

consider that there is no

substantiated concern of a

violation of Article 3, or that

the reasons that motivated

the existence of a

substantiated concern have

been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Moved to row 188k [107 - 188k]

Article 4a

G 107a G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 12

Competent authorities

Moved reference text

Article 125

Competent authorities

Moved from row 167 [167 - 107b]

EP Article 12

Competent authorities

Article 125

Competent authorities

Text Origin: Council

Mandate

Article 4a(1)

G 107b

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

Moved reference text

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member StateThese

competent authorities shall

be responsible for ensuring

the work in close

cooperation with the

Commission to ensure an

effective and uniform

implementation of this

Regulation throughout the

Union.

Moved from row 168 [168 - 107c]

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities and the

Commission shall work in

close cooperation and be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

Article 4a(2)

G 107c

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Moved reference text

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Moved from row 169 [169 - 107d]

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Text Origin: Commission

Proposal

Article 4a(3), first subparagraph

R 107d

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

Moved reference text

3. No later than three[OP

enter DATE = 12 months

after the date of entry into

force of this Regulation],

Member States shall,

through the information and

communication system

referred to in Article

22(1)8(1), provide the

Commission and the other

Member States with the

following information:

Moved from row 170 [170 - 107e]

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

3. No later than three[OP

enter DATE = X months

after the date of entry into

force of this Regulation],

Member States shall,

through the information and

communication system

referred to in Article

22(1)8(1), provide the

Commission and the other

Member States with the

following information:

Text Origin: Council

Mandate

Article 4a(3), first subparagraph, point (a)

G 107e

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 171 [171 - 107f]

Text Origin: Commission

Proposal

Article 4a(3), first subparagraph, point (b)

G 107f

(b) the areas of competence

of the designated competent

authority or authorities.

Moved reference text

(b) the areas of competence

of the designated competent

authority or authorities.

Moved from row 172 [172 - 107g]

(b) the areas of competence

of the designated competent

authority or authorities.

(b) the areas of competence

of the designated competent

authority or authorities.

Text Origin: Commission

Proposal

Article 4a(3), second subparagraph

G 107g

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Moved reference text

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Moved from row 173 [173 - 107h]

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Text Origin: Commission

Proposal

Article 4a(4)

G 107h

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on the Forced Labour

Single Portal referred to in

Article 12 its website and

shall regularly update that

list, based on the updates

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on the Forced Labour

Single Portal its website and

shall regularly update that

list, based on the updates

received from Member

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

received from Member

States.

Moved from row 174 [174 - 107i]

States.

Text Origin: Council

Mandate

Article 4a(5)

G 107i

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers and

resources to carry out the

investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

Moved reference text

5. Member States shall

ensure that the designated

competent authority or

authorities exercise its or

their powers impartially,

transparently and with due

respect for obligations of

professional secrecy.

Member States shall ensure

that their competent

authorities have the

necessary powers and

resources to carry out the

investigations, including

sufficient budgetary and

other resources and

coordinate closely and

exchange information with

the relevant national

authorities such as the labour inspections and

judicial and law enforcement

authorities, including those

responsible for the fight

against trafficking in human

beings.

Moved from row 175 [175 -

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers, expertise

and resources to carry out

the investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers, expertise,

and resources to carry out

the investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

107j]

Article 4a(6)

G 107j

6. Competent authorities

may cooperate with other

national authorities

relevant for the

implementation of this

regulation, such as the

authorities designated by

the Member State under

Directive (EU) [XXX/XXX]

on Corporate Sustainability

Due Diligence and Directive

(EU) 2019/1937 of the

European Parliament and

of the Council of 23

October 2019 on the

protection of persons who

report breaches of Union

law.

6. Member States shall

ensure that competent

authorities coordinate

closely and exchange

information with the

relevant national

authorities, such as the

labour inspections and

judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

, and the authorities

designated by the Member

State under Directive (EU)

[XXX/XXX] on Corporate

Sustainability Due

Diligence and Directive

(EU) 2019/1937 of the

European Parliament and

of the Council of 23

October 2019 on the

protection of persons who

report breaches of Union

law.

Article 4a(7)

G 107k

6. Member States shall

confer on their competent

67. Member States shall

confer on their competent

6. Member States shall

confer on their competent

67. Member States shall

confer on their competent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities the power to

impose penalties in

accordance with Article 30.

Moved reference text

authorities the power to

impose, either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties in

accordance with Article

3034.

Moved from row 176 [176 - 107l]

authorities the power to

impose penalties in

accordance with Article 30.

authorities the power to

impose, either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties in

accordance with Article

3034.

Text Origin: Council

Mandate

Chapter IIa

G 107l

Chapter II

Governance

Chapter II

Governance

Text Origin: Council

Mandate

Article 5

108

Article 5

Investigations

Article 5

Investigations

deleted

Investigations Article moved to New Article 18

Article 5(1)

109

1. Competent authorities

that, pursuant to Article 4(5),

determine that there is a

substantiated concern of a

violation of Article 3, shall

1. The Commission or

competent authorities that,

pursuant to Article 4(5) or to

the information contained

in the delegated act referred

deleted

Moved to row 195c [109 - 195c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

decide to initiate an

investigation on the products

and economic operators

concerned.

to in Article 11a, determine

that there is a substantiated

concern of a violation of

Article 3, shall decide to

initiate an investigation on

the products and economic

operators concerned.

Article 5(2)

110

2. Competent authorities

that initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 3

working days from the date

of the decision to initiate

such investigation about the

following:

2. The Commission or

competent authorities that

initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 32

working days from the date

of the decision to initiate

such investigation about the

following:

deleted

Moved to row 203b [110 - 203b]

Article 5(2), point (a)

111

(a) the initiation of the

investigation and the

possible consequences

thereof;

(a) the initiation of the

investigation and the

possible consequences

thereof;

deleted

Moved to row 203c [111 - 203c]

Article 5(2), point (b)

112

(b) the products subject to

the investigation;

(b) the products subject to

the investigation;

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved to row 203d [112 - 203d]

Article 5(2), point (c)

113

(c) the reasons for the

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

deleted

Moved to row 203e [113 - 203e]

Article 5(2), point (d)

114

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority, and the

date by which such

information has to be

submitted.

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority or the

Commission, and the date by

which such information has

to be submitted.;

deleted

Moved to row 203f [114 - 203f]

Article 5(2), point (da)

114a

(da) the requirement for

the economic operator to

demonstrate that Article 3

has not been violated with

regard to the products

coming from the geographic

areas and the economic

sectors listed in the

delegated act adopted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Article 11a.

Article 5(3)

115

3. Where requested to do so

by competent authorities,

economic operators under

investigation shall submit to

those competent authorities

any information that is

relevant and necessary for

the investigation, including

information identifying the

products under investigation,

the manufacturer or producer

of those products and the

product suppliers. In

requesting such information,

competent authorities shall

to the extent possible:

3. Where requested to do so

by the Commission or

competent authorities,

economic operators under

investigation and relevant

product suppliers shall

submit to the Commission

or those competent

authorities any information

that is relevant and

necessary for the

investigation, including

information identifying the

products under investigation,

the manufacturer or producer

of those products and the

product suppliers. In

requesting such information,

the Commission or competent authorities shall

to the extent possible:

deleted

Moved to row 203g [115 - 203g]

Article 5(3), point (a)

116

(a) prioritise the economic

operators under investigation

involved in the steps of the

value chain as close as

possible to where the likely

risk of forced labour occurs

and

(a) after identifying the

individual responsibilities,

along the supply chain, of

different product suppliers

down to the level where

forced labour is taking

place, prioritise the

deleted

Moved to row 203i [116 - 203i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

economic operators under

investigation and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the

forced labour likely

riskoccurs and with the

highest leverage to prevent,

mitigate, bring to an end

and remediate the use of

forced labour occurs, and

Article 5(3), point (b)

117

(b) take into account the

size and economic resources

of the economic operators,

the quantity of products

concerned, as well as the

scale of suspected forced

labour.

(b) take into account the

size and economic resources

of the economic operators,

in particular whether the

operator is an SME, the

quantity of products

concerned, the complexity of

the supply chain, as well as

the scale of suspected forced

labour.

deleted

Moved to row 203j [117 - 203j]

Article 5(4)

118

4. Economic operators shall

submit the information

within 15 working days from

the request referred to in

paragraph 3 or make a

justified request for an

extension of that time limit.

4. Economic operators and

relevant product suppliers

shall submit the information

within 1530 working days

from the request referred to

in paragraph 3 or make a

justified request for an

deleted

Moved to row 203k [118 - 203k]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

extension of that time limit.

Article 5(5)

119

5. When deciding on the

time limits referred to in this

Article, competent

authorities shall consider the

size and economic resources

of the economic operators

concerned.

5. When deciding on the

time limits referred to in this

Article, the Commission

and competent authorities

shall consider the size and

economic resources of the

economic operators

concerned, including

whether the economic

operator is an SME.

deleted

Moved to row 203l [119 - 203l]

Article 5(6)

120

6. Competent authorities

may carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

6. The Commission and

competent authorities may

carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Moved to row 203n [120 - 203n]

Article 5(6a)

120a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

6a. The Commission and

competent authorities may

ask diplomatic

representations of the

Union in relevant third

countries to provide

information and support.

Article 5(6b)

120b

6b. The Commission and

competent authorities may

request relevant

information from other

stakeholders.

Article 5a

G 120c

Article 24

Union Network Against

Forced Labour Products

Moved reference text

Article 246

Union Network Against

Forced Labour Products

Moved from row 240 [240 - 120c]

EP Article 24

Union Network Against

Forced Labour Products

Article 246

Union Network Against

Forced Labour Products

Text Origin: Council

Mandate

Article 5a(1)

G 120d

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

hereby established.

1a. The Network shall

serve as a platform for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

Moved reference text

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

Moved from row 241 [241 - 120d]

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

The Commission shall

coordinate the work of the

Network.

1a. The Commission and

the Member States shall

ensure that the Network has

the necessary resources to

carry out the tasks referred

to in paragraph 3, including

sufficient budgetary and

other resources.

structured coordination and

cooperation between the

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

Article 5a(2)

G 120e

2. The Network shall be

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

Moved reference text

2. The Network shall be

composed of

representativesa

representative from each

Member States’ competent

authority, State and

representatives from the

Commission. On an ad hoc

basis, Member State

representatives may invite and, where appropriate,

experts from the customs

2. The Network shall be

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

2. The Network shall be

composed of representatives

from each Member States’

competent authorityState,

representatives from the

Commission and, where

appropriate,

expertsrepresentatives from

the customs authorities.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities or other relevant

Member State authorities.

Where appropriate, external

experts and stakeholders

may be invited to participate

in the meetings.

Moved from row 242 [242 - 120e]

Article 5a(3)

G 120f

3. The Commission shall

chair the Network and

provide technical and

logistical support to its

members through an

executive secretariat.

2a A representative from

the Commission shall chair

the meetings of the

Network.

2b. The Network shall have

a secretariat. It shall be

provided by the

Commission. The

secretariat shall organise

the meetings of the Network

and provide technical and

logistical support to the

Network.

2a. The Commission shall

coordinate the work of the

Network. A representative

from the Commission shall

chair the meetings of the

Network.

2b. The Network shall have

a secretariat provided by the

Commission. The

secretariat shall organise

the meetings of the Network

and provide technical and

logistical support to the

Network.

Text Origin: Auxiliary

Article 5a(4)

G 120g

4. Members of the Network

shall actively participate to

4. (ca) facilitate capacity

building activities and

2c. Members of the

Network shall actively

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

ensure efficient

coordination and

cooperation, and contribute

to uniform risk-based

approaches and

administrative practices for

the implementation of this

Regulation.

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

participate to ensure

efficient coordination and

cooperation, and contribute

to the uniform

implementation of this

Regulation.

Text Origin: Council

Mandate

Article 5a(4), point (a)

G 120h

3. The Network shall have

the following tasks:

Moved reference text

35. The Network shall have

the following tasks:

Moved from row 243 [243 - 120h]

EP 3. The Network shall

have the following tasks:

3. The Network shall have

the following tasks:

Text Origin: Commission

Proposal

Article 5a(4), point (b)

G 120i

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

Moved reference text

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practicesto achieve the

objective of prohibiting

products made from forced

labour on the Union

market, providing guidance

with a view to supporting

the identification [by the

Commission] of

enforcement at Union level,

thereby further contributing

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

(a) facilitate the

identification of common

enforcement priorities forto

achieve the objectives of

prohibiting products made

with forced labour on the

Union market and

contributing to the fight

against forced labour;

(d) facilitate the

coordination of

investigations, [including

the designation of the lead

competent authority ]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the fight against forced

labour;

Moved from row 244 [244 - 120i]

(i) follow-up on the enforcement activities, to of

decisions taken pursuant to

[Article 20];

(d) upon request from the

Commission, contribute to

the development of

guidelines referred to in

Article [11]

(b) facilitate and

coordinate the collection

and exchange of

information, expertise and

best practices with regard to

the application of this

Regulation;

(da) contribute to uniform

risk-based approaches and

administrative practices for

the implementation of this

Regulation;

(l) promote best practices

in the application of

penalties provided by

[Article 34];

(m) cooperate, as

appropriate, with

Commission services, Union

agencies or Member State

authorities relevant for the

implementation of this

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Regulation,

(k) promote the

cooperation, exchanges of

personnel and visit

programmes among

competent authorities and

customs authorities, as well

as between these and third

countries’ competent

authorities and

international organisations;

(h) facilitate the

organisation of training and

capacity building activities

on the implementation of

this Regulation for

competent authorities,

customs authorities and

other relevant authorities of

Member States, the

Commission and EU

Delegations in third

countries

(n) upon request from the

Commission, provide

assistance to the

Commission on the

development of a

coordinated approach for

engagement and

cooperation with third

countries pursuant to

Article 13,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(ba) monitor situations of

systemic use of forced

labour

(cc) assist in the

organisation of information

and awareness-raising

campaigns about this

Regulation;

(j) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

traceability of products;

Article 5a(4), point (c)

G 120j

1. The Commission shall

ensure efficient cooperation

among the competent

authorities of the Member

States through facilitating

and coordinating the

exchange and collection of

information and best

practices with regard to the

application of this

Regulation.

Moved reference text

1.(b) The Commission shall

ensure efficient cooperation

among the competent

authorities of the Member

States through facilitating

and coordinatingfacilitate

and coordinate the exchange

and collection of information

and best practices with

regard to the application of

this Regulation.

Moved from Article 13(1)

Moved from row 178 [178 - 120j]

1.EP13(1) The Commission

shall ensure efficient

cooperation and

coordination among the

competent authorities of the

Member States through

facilitating and coordinating

the exchange and collection

of information and best

practices with regard to the

application of this

Regulation.

13a. The Commission shall

ensure efficient cooperation

among theOther relevant

Member State authorities

can attend meetings on an

ad hoc basis. Experts and

stakeholders, including

representatives from trade

unions and other workers’

organisations, civil society

and human rights

organisations, business

organisations, international

organisations, third

countries’ competent

authorities of the Member

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

States through facilitating

and coordinating the

exchange and collection of

information and best

practices with regard to the

application of this, the

European Agency for

Fundamental Rights, the

European Labour Authority

or relevant Commission

services, EU Delegations

and Union agencies with

expertise in the areas

covered by the Regulation

may be invited to attend

meetings of the Network or

to provide written

contributions.

Article 5a(4), point (d)

G 120k

(b) conduct joint

investigations;

Moved reference text

(b)(d) conduct jointfacilitate

the coordination of investigations pursuant to

Article 17, including the

designation of the lead

competent authority

pursuant to Article 16;

Moved from row 245 [245 - 120k]

(b)(c) conduct joint

investigations;

(ba) commission research

and monitor situations of

systemic use of forced

labour;

(b)3b. conduct joint

investigations;The Network

shall meet at regular

intervals and, where

necessary, at the duly

motivated request of the

Commission or a Member

State.

Article 5a(4), point (e)

R 120l

(e) ensure the exchange of

3c. The Commission and R

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information and

coordination between

competent authorities and

the Commission pursuant to

Article 7;

the Member States shall

ensure that the Network has

the necessary resources to

carry out the tasks referred

to in paragraph [5],

including sufficient

budgetary resources.

Article 5a(4), point (f)

G 120m

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

Moved reference text

deleted

Moved to point (h)

Moved from row 246 [246 - 120m]

deleted

Article 5a(4), point (g)

G 120n

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation;

Moved reference text

deleted

Moved from row 247 [247 - 120n]

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation, and identify

discrepancies between

enforcement at the level of

different Member States;

deleted

Article 5a(4), point (h)

G 120o G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(g) facilitate the

coordination between

competent authorities for

them to provide operational

and technical assistance

regarding the monitoring of

information and

communication systems

referred to in Article 8,

deleted

Article 5a(4), point (i)

G 120p

(h) facilitate the

organisation of training and

capacity building activities

for the competent

authorities and customs

authorities of the Member

States; Moved from Article 24(3)(c)

(e) facilitate capacity

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

(ca) facilitate capacity

building activities, such as

the organisation of training

programmes for competent

authorities and other

relevant stakeholders;

(cb) promote cooperation,

exchange of expertise,

exchanges of personnel and

voluntary mutual visit

programmes between

competent authorities and,

where appropriate, with the

authorities of partner third

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

countries or with

international organisations,

especially with the

authorities of low and lower

middle-income countries;

(cc) assist in the

organisation of information

campaigns about this

Regulation inside and

outside the Union;

(cd) involve and organise

training for the diplomatic

representations of the

Union to assist in the

information gathering and

dissemination efforts of this

Regulation;

Article 5a(4), point (j)

G 120q

(i) follow-up on the

enforcement of decisions

taken pursuant to Article

20;

deleted

Article 5a(4), point (k)

G 120r

(e) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

(e)(j) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

(e)(f) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

traceability of products;

Moved reference text

traceability of products;

Moved from row 248 [248 - 120r]

traceability of products;

Article 5a(4), point (l)

G 120s

(l) promote best practices in

the application of penalties

provided by Article 34;

deleted

Article 5a(4), point (m)

G 120t

(m) cooperate, as

appropriate, with other

Union agencies or national

authorities relevant for the

implementation of this

regulation, such as the

authorities designated by

the Member State under

Directive (EU) [XXX/XXX]

on Corporate Sustainability

Due Diligence and Directive

(EU) 2019/1937 of the

European Parliament and

of the Council of 23

October 2019 on the

protection of persons who

report breaches of Union

law.

deleted

Article 5a(4), point (n)

G 120u G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(f) to promote the

cooperation and exchange of

expertise and best practices

between competent

authorities and customs

authorities;

Moved reference text

deleted

Moved from row 249 [249 - 120u]

(f)(g) to promote the

cooperation and exchange of

expertise and best practices

between competent

authorities and customs

authorities, as well as

between those authorities

and competent authorities

of third countries and

international organisations,

including the World

Customs Organisation;

(fa) maintain regular

contact with the

Commission's relevant

services to receive

information from other

Union initiatives that

support the eradication of

forced labour and provide

relevant information about

the application of this

Regulation.

deleted

Article 5a(5)

G 120v

4. The Commission shall

support and encourage

cooperation between

enforcement authorities

through the Network and

participate in the meetings of

the Network.

Moved reference text

deleted

Moved from row 250 [250 - 120v]

4. The Commission shall

ensure the effective and

uniform application of this

Regulation and to that

effect support and encourage

cooperation between

enforcement authorities

through the Network.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

4a. The Network may invite

experts and stakeholders,

including social partners

and other workers’

representatives, civil society

and human rights

organisations

representatives, businesses

representatives,

international organisations,

third countries’ competent

authorities, the European

Agency for Fundamental

Rights, the European

Labour Authority or other

Union agencies with

relevant expertiseand

participate in the areas

covered by this Regulation

to attend meetings of the

Network or to provide

written contributions.

Where appropriate,

diplomatic representations

of the Union, particularly

based in countries with

regions identified having a

high risk of forced labour

occurring, shall also be

involved in the work of this

Network.

4b. The Network shall meet

at regular intervals and,

where necessary, at the duly

motivated request of the

Commission or a Member

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

State.

Article 5a(6)

G 120w

6. Upon request of the

Commission, the Network

may provide assistance in

the following tasks:

deleted

Article 6(6), point (b)

G 120x

(b) be consulted and

contribute to the

development of guidance

referred to in Article 11;

deleted

Article 6(6), point (b)

G 120y

(c) develop a coordinated

approach to engage and

cooperate with third

countries pursuant to

Article 13;

deleted

Article 5a(7)

G 120z

5. The Network shall

establish its rules of

procedure.

Moved reference text

57. The Network shall

establish its rules of

procedure.

Moved from row 251 [251 - 120z]

5. The Network shall

establish its rules of

procedure.

5. The Network shall

establish its rules of

procedure.

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 6

121

Article 6

Decisions of competent

authorities

Article 6

Decisions of competent

authorities and the

Commission

Moved to row 212b [121 - 212b]

Article 6(1)

122

1. Competent authorities

shall assess all information

and evidence gathered

pursuant to Articles 4 and 5

and, on that basis, establish

whether Article 3 has been

violated, within a reasonable

period of time from the date

they initiated the

investigation pursuant to

Article 5(1).

1. The Commission or

competent authorities shall

assess all information and

evidence gathered pursuant

to Articles 4 and 5 and, on

that basis, establish whether

Article 3 has been violated,

within a reasonable period

of time90 working days from

the date they initiated the

investigation pursuant to

Article 5(1), unless a duly

justified request for the

extension of the deadline in

Article 5(4) was accepted.

Moved to row 212c [122 - 212c]

Article 6(2)

123

2. Notwithstanding

paragraph 1, competent

authorities may establish that

Article 3 has been violated

on the basis of any other

facts available where it was

not possible to gather

information and evidence

2. Notwithstanding

paragraph 1, the

Commission or competent

authorities may establish that

Article 3 has been violated

on the basis of any other

facts available where it was

not possible to gather

Moved to row 212d [123 - 212d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Article 5(3) or

(6).

information and evidence

pursuant to Article 4(3) and

Article 5(3) or (6).

Article 6(2a)

123a

2a. Notwithstanding

paragraph 1, economic

operators shall demonstrate

that Article 3 has not been

violated in cases concerning

products coming from the

geographic area and the

economic sector listed in the

delegated act adopted

pursuant to Article 11a.

Article 6(3)

124

3. Where competent

authorities cannot establish

that Article 3 has been

violated, they shall take a

decision to close the

investigation and inform the

economic operator thereof.

3. Where the Commission

or competent authorities

cannot establish that Article

3 has been violated, they

shall take a decision to close

the investigation and inform

the economic operator

thereof. The decision to

close the investigation shall

be without prejudice to the

adoption of a new decision

to open an investigation

under Article 5(1), in the

event that the Commission

or the competent authority

receive new information

Moved to row 212e [124 - 212e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Article 4. Such

closed investigations shall

not appear in the database.

Article 6(4)

125

4. Where competent

authorities establish that

Article 3 has been violated,

they shall without delay

adopt a decision containing:

4. Where the Commission

or competent authorities

establish that Article 3 has

been violated, they shall

without delay adopt a

decision containing:

Moved to row 212f [125 - 212f]

Article 6(4), point (a)

126

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

(a) a prohibition to place or

make the products or

product components

concerned available on the

Union market and to export

them;

Moved to row 212g [126 - 212g]

Article 6(4), point (b)

127

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products that have

already been placed or made

available on the market;

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products or product

components that have

already been placed or made

available on the market;

Moved to row 212h [127 - 212h]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 6(4), point (c)

128

economic operators that

have been subject to the

investigation to dispose of

the respective products in

accordance with national law

consistent with Union law.

economic operators that

have been subject to the

investigation to

i) if the products are

perishable, donate the

products concerned to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycle the

products concerned;

iii) where points (i) and

(ii) are not possible, dispose

of the respective products in

accordance with national law

consistent with Union law.

Moved to row 212i [128 - 212i]

Article 6(5)

129

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the competent authorities

shall ensure all of the

following:

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the Commission or the

competent authorities shall

ensure all of the following:

Moved to row 212j [129 - 212j]

Article 6(5), point (a)

130

(a) that it is prohibited to

place or make available the

(a) that it is prohibited to

place or make available the

Moved to row 212k [130 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

products concerned on the

market;

products concerned on the

market;

212k]

Article 6(5), point (b)

131

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

Moved to row 212l [131 - 212l]

Article 6(5), point (c)

132

remaining with the economic

operator concerned is

disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

remaining with the economic

operator concerned is

i) if the products are

perishable, donated to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycled;

iii) where points (i) and

(ii) are not possible, disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

Moved to row 212m [132 - 212m]

Article 6(6)

133

6. Where economic

operators provide evidence

6. Where economic

operators provide evidence

Moved to row 212n [133 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the competent authorities

that they have complied with

the decision referred to in

paragraph 4, and that they

have eliminated forced

labour from their operations

or supply chain with respect

to the products concerned,

the competent authorities

shall withdraw their decision

for the future and inform the

economic operators.

to the competent

authoritiesthe Commission

or competent authorities

establish that economic

operators have

demonstrated that they have

complied with the decision

referred to in paragraph 4,

and that they have

eliminated forced labour

from their operations or

supply chain with respect to

the products concerned and

that relevant forced labour

cases have been remediated,

the Commission or the

competent authorities shall

withdraw their decision for

the future and inform the

economic operators.

212n]

Article 6(6a)

Y 133a

Article 9

Information obligations of

the competent authorities

Moved reference text

Article 97

Information obligations of

the competent authorities

and the Commission Moved from row 149 [149 - 133a]

EP Article 9

Information obligations of

the competent authorities

Article 6(6b)

Y 133b

1. The competent authority

shall without delay inform

1. The competent authority

shall without delay inform

1. The Commission and the

competent authority shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Commission and the

competent authorities of

other Member States using

the information and

communication system

referred to in Article 22(1)

about the following:

Moved reference text

the Commission and the

competent authorities of

other Member States, and

where relevant, other

relevant Member State

authorities, using the

information and

communication system

referred to in Article

22(1)8(1) about the

following:

Moved from row 150 [150 - 133b]

without delay inform the

Commission and theother

competent authorities of

other Member States using

the information and

communication system

referred to in Article 22(1)

about the following:

Article 6a(1), point (aa)

Y 133c

(aa) any request for

information made in

accordance with Article

15(2)

(-a) any decision to open a

preliminary investigation as

referred to in Article 4,

based on one or several

submissions of information

through the mechanism

referred to in Article 10;

(-b) the existence of

substantiated concern

following the preliminary

phase of investigation,

referred to in Article 4(5);

Article 6a(1), point (a)

Y 133d

(a) any decision not to

initiate an investigation

(a) any decision not to

initiate an investigation

(a) any decision not to

initiate an investigation

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

following a preliminary

phase of investigation,

referred to in Article 4(7);

Moved reference text

following a preliminary

phase of investigation,

referred to in Article

4(7)15(6);

Moved from row 151 [151 - 133d]

following a preliminary

phase of investigation,

referred to in Article 4(7);

Article 6a(1), point (ba)

Y 133e

(ba) any result of the

preliminary phase of

investigation referred to in

Article 15(7);

Article 6a(1), point (bb)

Y 133f

(bb) any intention to

initiate an investigation

made in accordance with

Article 16(3);

Article 6a(1), point (b)

Y 133g

(b) any decision to initiate

an investigation referred to

in Article 5(1);

Moved reference text

(b) any decision to initiate

an investigation referred to

in Article 5(1)18(1);

Moved from row 152 [152 - 133g]

(b) any decision to initiate

an investigation referred to

in Article 5(1);

Article 5b(1), point (f)

Y 133h Y

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their disposal referred to in

Article 6(4);

Moved reference text

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their disposalresult of an

investigation referred to in

Article 6(4)18(6);

main content moved to paragraph 2(c)

Moved from row 153 [153 - 133h]

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their donation, recycling or

disposal referred to in

Article 6(4);

Article 5b(1), point (g)

Y 133i

(d) any decision to close the

investigation referred to in

Article 6(3);

Moved reference text

deleted

moved to paragraph 2(d)

Moved from row 154 [154 - 133i]

(d) any decision to close the

investigation referred to in

Article 6(3);

Article 5b(1), point (h)

Y 133j

(e) any withdrawal of the

decision referred to in

Article 6(6);

Moved reference text

deleted

moved to paragraph 2(e)

(e) any withdrawal of the

decision referred to in

Article 6(6);

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 155 [155 - 133j]

Article 5b(1), point (i)

Y 133k

(f) any request of an

economic operator for a

review referred to in Article

8(1);

Moved reference text

deleted

Moved from row 156 [156 - 133k]

(f) any request of an

economic operator for a

review referred to in Article

8(1);

Article 5b(1), point (j)

Y 133l

(g) any result of the review

referred to in Article 8(4).

Moved reference text

deleted

moved to paragraph 2(g)

Moved from row 157 [157 - 133l]

(g) any result of the review

referred to in Article 8(4).

Article 6(6c)

G 133m

2. The Commission shall

make available the

decisions, and the

withdrawals referred to in

the paragraph 1, points (c),

(d), (e) and (g) on a

dedicated website.

Moved reference text

deleted

Moved from row 158 [158 - 133w]

2. The Commission shall

make available the decisions,

and the withdrawals referred

to in the paragraph 1, points

(c), (d), (e) and (g) on a

dedicated website.

2a. Any decision referred to

in Article 6(4) and 6(6)

shall be communicated to

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the public by the competent

authority who adopted it or,

if the decision has been

adopted by the Commission,

by the Commission.

Article 5b(3)

Y 133n

3. The Commission shall

without delay inform the

competent authorities, and

where relevant, other

relevant Member State

authorities, using the

information and

communication system

referred to in Article 8(1)

about the following:

Article 5b(3), point (a)

Y 133o

(aa) any request for

information made in

accordance with Article

15(2);

Article 5b(3), point (b)

Y 133p

(ab) any decision not to

initiate an investigation

following a preliminary

phase of investigation,

referred to in Article 15(6);

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 5b(3), point (c)

Y 133q

(a) any result of the

preliminary phase of

investigation referred to in

Article 15(7);

Article 5b(3), point (d)

Y 133r

(b) any decision to initiate

an investigation referred to

in Article 18(1);

Article 5b(3), point (e)

Y 133s

(c) any decision referred to

in Article 20(4);

Article 5b(3), point (f)

Y 133t

(d) any information

referred to in Article 20(3);

Article 5b(3), point (g)

Y 133u

(e) any withdrawal of the

decision referred to in

Article 20(8);

Article 5b(3), point (h)

Y 133v

(g) any result of the review

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in Article 20(7);

Article 5b(3), point (i)

Y 133w

(h) any result of the

judicial review referred to

in Article 21(1e).

Article 7

134

Article 7

Content of the decision

Article 7

Content of the decision

Moved to row 214a [134 - 214a]

Article 7(1)

135

1. The decision referred to

in Article 6(4) shall contain

all of the following:

1. The decision referred to

in Article 6(4) shall contain

all of the following:

Moved to row 214b [135 - 214b]

Article 7(1), point (a)

136

(a) the findings of the

investigation and the

information underpinning

the findings;

(a) the findings of the

investigation and the

information and evidence

underpinning the findings;

Moved to row 214c [136 - 214c]

Article 7(1), point (b)

137

(b) a reasonable time limit

for the economic operators

to comply with the order,

(b) a reasonable time limit

for the economic operators

to comply with the order,

Moved to row 214d [137 - 214d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

which shall not be less than

30 working days and no

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the competent

authority shall take into

account the economic

operator’s size and economic

resources;

which shall not be less than

30 working days and no

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the Commission

or the competent authority

shall take into account the

economic operator’s size and

economic resources,

including whether the

operator is an SME;

Article 7(1), point (c)

138

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or producer

and the product suppliers;

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer, producer,

production site, or producer

and the product suppliers;

Moved to row 214e [138 - 214e]

Article 7(1), point (d)

139

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved to row 214f [139 - 214f]

Article 7(2)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

140

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

Moved to row 214h [140 - 214h]

Article 8

R 141

Article 8

Review of decisions

Article 8

Review of decisions

deleted

Article 8(1)

R 142

1. Competent authorities

shall provide economic

operators affected by a

decision adopted pursuant to

Article 6(4) the possibility of

requesting a review of that

decision within 15 working

days from the date of receipt

of that decision. In case of

perishable goods, animals

and plants, that time limit

1. Competent authorities

and the Commission shall

provide economic operators

affected by a decision

adopted pursuant to Article

6(4) the possibility of

requesting a review of that

decision within 15 working

days from the date of receipt

of that decision, and inform

them of such possibility. In

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall be 5 working days. The

request for review shall

contain information which

demonstrates that the

products are placed or made

available on the market or to

be exported in compliance

with Article 3.

case of perishable goods,

including foodstuffs,

animals and plants, that time

limit shall be 5 working

days. The request for review

shall contain information

which demonstrates that the

products are placed or made

available on the market or to

be exported in compliance

with Article 3.

Article 8(2)

R 143

2. A request for a review of

a decision adopted pursuant

Article 6(4) shall contain

new information that was

not brought to the attention

of the competent authority

during the investigation. The

request for a review shall

delay the enforcement of the

decision adopted pursuant to

Article 6(4) until the

competent authority decides

on the request for the

review.

2. A request for a review of

a decision adopted pursuant

Article 6(4) shall contain

substantial new information

that was not brought to the

attention of the competent

authority during the

investigation. The request

for a review shall delay the

enforcement of the decision

adopted pursuant to Article

6(4) until the competent

authority or the Commission

decides on the request for

the review.

deleted

Article 8(3)

R 144

3. A competent authority

shall take a decision on the

request for review within 15

3. A competent authority or

the Commission shall take a

decision on the request for

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

working days from the date

of receipt of the request. In

case of perishable goods,

animals and plants that time

limit shall be 5 working

days.

review within 15 working

days from the date of receipt

of the request. In case of

perishable goods, animals

and plants that time limit

shall be 5 working days.

Article 8(4)

R 145

4. Where a competent

authority considers that after

taking into account the new

information provided by the

economic operator in

accordance with paragraph 1

it cannot establish that the

products have been placed or

made available on the

market or are being exported

in violation of Article 3, it

shall withdraw its decision

adopted pursuant to Article

6(4).

4. Where a competent

authority or the Commission

considers that after taking

into account the new

information provided by the

economic operator in

accordance with paragraph 1

it cannot establish that the

products have been placed or

made available on the

market or are being exported

in violation of Article 3, it

shall withdraw its decision

adopted pursuant to Article

6(4) and remove the

decision from the database

referred to in Article 11.

deleted

Article 8(5)

R 146

5. Economic operators that

have been affected by a

decision of a competent

authority pursuant to this

Regulation shall have access

to a court to review the

5. Economic operators that

have been affected by a

decision of a competent

authority pursuant to this

Regulation shall have access

to a court to review the

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

procedural and substantive

legality of the decision.

procedural and substantive

legality of the decision.

Article 8(6)

R 147

6. Paragraph 5 shall be

without prejudice to any

provision of national law

which requires that

administrative review

procedures be exhausted

prior to recourse to judicial

proceedings.

6. Paragraph 5 shall be

without prejudice to any

provision of national law

which requires that

administrative review

procedures be exhausted

prior to recourse to judicial

proceedings.

deleted

Article 8(7)

R 148

7. Decisions adopted by

competent authorities

pursuant to Article 6 and to

this Article are without

prejudice to any decisions of

a judicial nature taken by

national courts or tribunals

of the Member States with

respect to the same

economic operators or

products.

7. Decisions adopted by

competent authorities

pursuant to Article 6 and to

this Article are without

prejudice to any decisions of

a judicial nature taken by

national courts or tribunals

of the Member States with

respect to the same

economic operators or

products.

deleted

Article 8a

G 148a

Article 22

Information and

communication systems

Article 228

Information and

communication systems

EP Article 22

Information and

communication systems

Article 228

Information and

communication systems

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 221 [221 - 148a]

Text Origin: Council

Mandate

Article 8a(1)

G 148b

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Moved reference text

1. For the purposes of

Chapters II and IIIIII, IV,

and V, competent authorities

and the Commission shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Moved from row 222 [222 - 148b]

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

1. For the purposes of

Chapters II and IIIIII, IV,

and V, competent authorities

and the Commission shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Text Origin: Council

Mandate

Article 8a(2)

G 148c

1a. Notwithstanding

paragraph 1, competent

authorities may use other

existing communication

systems with other

authorities within their own

Member State.

deleted

Article 8a(3)

G 148d G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

2. The decisions

communicated pursuant to

Article 15(3) shall be

entered in the relevant

customs risk management

environment.

Moved reference text

2. The decisions

communicated pursuant to

Article 15(3)25(3) shall be

entered in the relevant

customs risk management

environment.

Moved from row 223 [223 - 148d]

2. The decisions

communicated pursuant to

Article 15(3) shall be entered

in the relevant customs risk

management environment.

2. The decisions

communicated pursuant to

Article 15(3)25(3) shall be

entered in the relevant

customs risk management

environment.

Text Origin: Council

Mandate

Article 8a(4)

R 148e

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

years from the date of the

adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Moved reference text

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article

15(3)25(3) from the

information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 42. That

interconnection shall start

operating no later than two

years from the date of the

adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Moved from row 224 [224 - 148e]

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

yearsone year from the date

of the adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article

15(3)25(3) from the

information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 42. That

interconnection shall start

operating no later than

two[x] years from the date of

the adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Text Origin: Council

Mandate

Article 8a(5)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 148f

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

referred to in paragraph 1.

Moved reference text

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20Chapter V

Title II of this Regulation as

well as the ensuing messages

shall take place by means of

the information and

communication system

referred to in paragraph 1.

Moved from row 225 [225 - 148f]

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

referred to in paragraph 1.

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20Chapter V

Title II of this Regulation as

well as the ensuing messages

shall take place by means of

the information and

communication system

referred to in paragraph 1.

Text Origin: Council

Mandate

Article 8a(6)

R 148g

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs and

competent authorities

pursuant to Articles 17 to 20

of this Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation XX/20XX]1

5. An interconnection

between the information

and communication system

referred to in paragraph 1

and the EUThe Commission

shall interconnect the

national Single Window

environmentsEnvironment

for Customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of shall

be regulated by Regulation

(EU) 2022/23991 for the

purposes of exchanging the

requests and notifications

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs, the

Commission and competent

authorities pursuant to

Articles 17 to 20 of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

5. An interconnection

between the information

and communication system

referred to in paragraph 1

and the EUThe Commission

shall interconnect the

national Single Window

environmentsEnvironment

for Customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of shall

be established in

accordance with Regulation

(EU) 2022/23991 for the

purposes of exchanging the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

within four years from the

date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

_________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

Moved reference text

between customs and

competent authorities

pursuant to Articles 17 to

20Chapter IV Title II of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation

XX/20XX]1established at the

latest within four years from

the date of adoption of the

implementing act referred to

in paragraph 7(c)7(a). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

_________ 1. Established by the Regulation on

the EU[1] Regulation (EU)

2022/2399 of the European

Parliament and of the Council of

23 November 2022 establishing

the European Union Single

Window Environment for Customs

and amending Regulation (EU)

No 952/2013, OJ L 317,

9.12.2022, p. 1(EU SWE-C).

Moved from row 226 [226 - 148g]

Regulation XX/20XX]140

within fourtwo years from

the date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

__________________

1Established by the

Regulation on the EU

Single Window

Environment for Customs

(EU SWE-C).

_________ _________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

requests and notifications

between customs and

competent authorities

pursuant to Articles 17 to

20Chapter IV Title II of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation

XX/20XX]1established at the

latest within four[x] years

from the date of adoption of

the implementing act

referred to in paragraph

7(c)7(a). The exchanges

referred to in paragraph 4

shall take place through that

interconnection as soon as it

is operational.

_________ 1. Established by the Regulation on

the EU[1] Regulation (EU)

2022/2399 of the European

Parliament and of the Council of

23 November 2022 establishing

the European Union Single

Window Environment for Customs

and amending Regulation (EU)

No 952/2013, OJ L 317,

9.12.2022, p. 1(EU SWE-C).

Text Origin: Council

Mandate

Article 8a(7)

G 148h

7. The Commission is

76. The Commission is

7. The Commission is G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

Article, including:

Moved reference text

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 33(2)

to specify the procedural

rules and the details of the

implementation

arrangements for this

Article, including:

Moved from row 228 [228 - 148i]

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

Article, including:

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 33(2)

to specify the procedural

rules and the details of the

implementation

arrangements for this

Article, including:

Text Origin: Council

Mandate

Article 8a(7), point (a)

G 148i

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Moved reference text

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Moved from row 229 [229 - 148j]

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Text Origin: Commission

Proposal

Article 8a(7), point (b)

G 148j

(b) the functionalities, data

elements and data

processing, as well as the

(b) the functionalities, data

elements and data

processing, as well as the

(b) the functionalities, data

elements and data

processing, as well as the

(b) the functionalities, data

elements and data

processing, as well as the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Moved reference text

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Moved from row 230 [230 - 148k]

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Text Origin: Commission

Proposal

Article 8a(7), point (c)

G 148k

transmitted between the

information and

communication system

referred to in paragraph 1

and the national single

window environments for

customs for the purposes of

paragraph 5;

Moved reference text

deleted

Moved from row 231 [231 - 148l]

(c) the data to be transmitted

between the information and

communication system

referred to in paragraph 1

and the national single

window environments for

customs for the purposes of

paragraph 5;

deleted

Article 8a(7), point (d)

G 148l

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Moved reference text

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Moved from row 232 [232 - 148m]

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 8a(8)

G 148m

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Moved reference text

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Moved from row 227 [227 - 148h]

67. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Text Origin: Commission

Proposal

Article 9

149

Article 9

Information obligations of

the competent authorities

Article 9

Information obligations of

the competent authorities

Moved to row 133a [149 - 133a]

Article 9(1)

150

1. The competent authority

shall without delay inform

the Commission and the

competent authorities of

other Member States using

the information and

communication system

1. The Commission and the

competent authority shall

without delay inform the

Commission and theother

competent authorities of

other Member States using

the information and

Moved to row 133b [150 - 133b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in Article 22(1)

about the following:

communication system

referred to in Article 22(1)

about the following:

Article 9(1), point (-a)

150a

(-a) any decision to open a

preliminary investigation as

referred to in Article 4,

based on one or several

submissions of information

through the mechanism

referred to in Article 10;

Article 9(1), point (-b)

150b

(-b) the existence of

substantiated concern

following the preliminary

phase of investigation,

referred to in Article 4(5);

Article 9(1), point (a)

151

(a) any decision not to

initiate an investigation

following a preliminary

phase of investigation,

referred to in Article 4(7);

(a) any decision not to

initiate an investigation

following a preliminary

phase of investigation,

referred to in Article 4(7);

Moved to row 133d [151 - 133d]

Article 9(1), point (b)

152

(b) any decision to initiate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

an investigation referred to

in Article 5(1);

an investigation referred to

in Article 5(1);

Moved to row 133g [152 - 133g]

Article 9(1), point (c)

153

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their disposal referred to in

Article 6(4);

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their donation, recycling or

disposal referred to in

Article 6(4);

Moved to row 133h [153 - 133h]

Article 9(1), point (d)

154

(d) any decision to close the

investigation referred to in

Article 6(3);

(d) any decision to close the

investigation referred to in

Article 6(3);

Moved to row 133i [154 - 133i]

Article 9(1), point (e)

155

(e) any withdrawal of the

decision referred to in

Article 6(6);

(e) any withdrawal of the

decision referred to in

Article 6(6);

Moved to row 133j [155 - 133j]

Article 9(1), point (f)

156

(f) any request of an

economic operator for a

(f) any request of an

economic operator for a

Moved to row 133k [156 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

review referred to in Article

8(1);

review referred to in Article

8(1);

133k]

Article 9(1), point (g)

157

(g) any result of the review

referred to in Article 8(4).

(g) any result of the review

referred to in Article 8(4).

Moved to row 133l [157 - 133l]

Article 9(2)

158

2. The Commission shall

make available the

decisions, and the

withdrawals referred to in

the paragraph 1, points (c),

(d), (e) and (g) on a

dedicated website.

2. The Commission shall

make available the

decisions, and the

withdrawals referred to in

the paragraph 1, points (c),

(d), (e) and (g) on a

dedicated website.

Moved to row 133w [158 - 133w]

Article 9(2a)

158a

2a. Any decision referred to

in Article 6(4) and 6(6)

shall be communicated to

the public by the competent

authority who adopted it or,

if the decision has been

adopted by the Commission,

by the Commission.

Article 9a

G 158b

Article 11

Database of forced labour

Article 119

Database of forced labour

EP Article 11

Database of forced labour

Article 119

Database of forced labour

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

risk areas or products

Moved reference text

risk areas or products

Moved from row 163 [163 - 158b]

risk areas or products

Text Origin: Council

Mandate

Article 9a(1)

R 158c

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive, verifiable

and regularly updated

database of forced labour

risks in specific geographic

areas or with respect to

specific products including

with regard to forced labour

imposed by state authorities.

The database shall be based

on the guidelines referred to

in Article 23, points (a), (b)

and (c), and relevant external

sources of information from,

amongst others, international

organisations and third

country authorities.

Moved reference text

1. The Commission shall

call uponestablish a

database, with the

assistance of external

expertise toif needed. This

database shall provide an

indicative, non-exhaustive,

verifiable and regularly

updated

databaseinformation of

forced labour risks in

specific geographic areas or

with respect to specific

products including with

regard to forced labour

imposed by state authorities.

The database shall prioritise

the identification of

widespread and severe

forced labour risks. The

database shall be based on

the guidelines referred to in

Article 2311, points (a), (b)

and (c), and relevant external

sources of information from,

amongst others, international

organisations and third

country authorities. It shall

not publicly disclose

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive,

verifiableevidence-based

and regularly updated

database of forced labour

risks in specific geographic

areas, sectors, or with

respect to specific products

including with regard to

forced labour imposed by

state authorities.

1a. The database shall be

based on the guidelines

referred to in Article 23,

points (a), (b) and

(c)independent and

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations,

social partners, and relevant

external sources of

experience from

1. [The Commission shall

call uponestablish a

database of forced labour

risk areas or products,

resorting to external

expertise.] This database

shall to provide an

indicative, non-exhaustive,

evidence-based, verifiable

and regularly updated

databaseinformation of

forced labour risks in

specific geographic areas or

with respect to specific

products or product groups

[including with regard to

forced labour imposed by

state authorities]. The

database shall prioritise the

identification of widespread

and severe forced labour

risks.

1a. The database shall be

based on the guidelines

referred to in Article 23,

points (a), (b) and (c), and

relevant external sources

ofindependent and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information that directly

names economic operators.

The database shall be made

available in all official

languages of the Union. Moved from row 164 [164 - 158c]

implementing Union law

setting out due diligence

requirements with respect to

forced labour.

1b. Based on reliable and

verifiable evidence, the

database shall, in

particular, identify specific

economic sectors in specific

geographic areas, where

there is high risk of forced

labour being imposed by

state authorities.

1c. The database shall

include a list of all decisions

of the Commission and

competent authorities

pursuant to Article 6(4) and

Article 6(6).

1d. The database shall

include a list of publicly

available information from,

amongst others,

international organisations

and third country

authoritiessources of

relevance for the

implementation of this

Regulation, including

sources which make

available disaggregated

data on the impact and

victims of forced labour,

such as gender-

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations, and

social partners.

It shall not publicly disclose

information that directly

names economic operators.

The database shall be made

available in all official

languages of the Union. information from, amongst

others, international

organisations and third

country authorities.

COM to redraft

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

disaggregated data or data

about forced child labour,

allowing to identify age-

and gender-specific trends.

Article 9a(2)

R 158d

2. The Commission shall

ensure that the database is

made publicly available by

the external expertise at the

latest 24 months after the

entry into force of this

Regulation.

Moved reference text

2. The Commission shall

ensure that the database is

made publicly available by

the external expertise at the

latest 24no later than [OP

office: 18 months after the

entry into force of this

Regulation].

Moved from row 165 [165 - 158d]

2. The Commission shall

ensure that the database is

easily accessible, including

for persons with disabilities,

and made publicly available,

in all official languages of

the institutions of the

Union, by the external

expertise at the latest 2412

months after the entry into

forcebefore the date of

application of this

Regulation.

2. The Commission shall

ensure that the database is

easily accessible, including

for persons with disabilities,

and made publicly available,

in all official languages of

the [institutions of the]

Union, by the external

expertise at the latest 24[X

months after the entry into

forcebefore the date of

application] of this

Regulation.

Text Origin: Auxiliary

Article 9a(3)

G 158e

3. Economic operators

placing or making available

on the Union market or

exporting products which are

not mentioned in the

database referred to in

paragraph 1 of this Article,

or which come from areas

that are not mentioned in

deleted

Moved from row 166 [166 - 158e]

3. Economic operators

placing or making available

on the Union market or

exporting products which

are not mentioned in the

database referred to in

paragraph 1 of this Article,

or which come from areas

that are not mentioned in

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

that database, shall also be

required to comply with

Article 3.

Moved reference text

that database, shall also be

required to comply with

Article 3.deleted

Article 10

G 159

Article 10

Submission of information

regarding violations of

Article 3

Article 10

Submission of information

regarding violations of

Article 3

Article 10

Submission ofSingle

information regarding

violations of Article

3submission point

Article 10

Submission ofSingle

information regarding

violations of Article

3submission point

Text Origin: Council

Mandate

Article 10(1)

G 159a

1. The Commission shall

set up a single information

submission point, available

on the forced labour single

window referred to in

Article 12. Information

submission shall be possible

in all official languages of

the Union.

EP1a. The Commission

shall set up a dedicated

centralised mechanism for

the submission of

information pursuant to

paragraph 1. This

mechanism shall be

available in all official

languages of the institutions

of the Union, and it shall be

user friendly and free of

charge.

1. The Commission shall

set up a dedicated

centralised mechanism for

the submission of

information. This

mechanism shall be

available in all official

languages [of the

institutions] of the Union,

and it shall be user friendly

and free of charge.

Text Origin: Auxiliary

Article 10(1)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 160

1. Submissions of

information by any natural

or legal person or any

association not having legal

personality, to competent

authorities on alleged

violations of Article 3 shall

contain information on the

economic operators or

products concerned and

provide the reasons

substantiating the allegation.

1. Submissions of

information by any natural

or legal person or any

association not having legal

personality, to the

Commission or a competent

authoritiesauthority on

alleged violations of Article

3 shall contain information

on the economic operators or

products concerned and

provide the reasons

substantiating the allegation.

Submissions may be

addressed to more than one

competent authority.

12. Submissions of

information on alleged

violations of Article 3 to

competent authorities may

only be made via the single

information submission

point referred to in

paragraph 1 by any natural

or legal person or any

association not having legal

personality, to competent

authorities on alleged

violations of Article 3

located in the EU and shall

contain information on the

economic operators or

products concerned and

provide the reasons and

evidence substantiating the

allegation, and where

applicable, supporting

documents. The

Commission is empowered

to adopt implementing acts

to specify the procedural

rules, templates and details

of the submissions. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

12. Submissions of

information on alleged

violations of Article 3 shall

be made via the single

information submission

point referred to in

paragraph 1 by any natural

or legal person or any

association not having legal

personality, to competent

authorities on alleged

violations of Article 3. The

submissions shall contain

information on the economic

operators or products

concerned and, provide the

reasons and evidence

substantiating the allegation,

and where possible,

supporting documents. The

Commission is empowered

to adopt implementing acts

to specify the procedural

rules, templates and details

of the submissions. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33.

Article 10(1a)

160a

1a. The Commission shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

set up a dedicated

centralised mechanism for

the submission of

information pursuant to

paragraph 1. This

mechanism shall be

available in all official

languages of the institutions

of the Union, and it shall be

user friendly and free of

charge.

moved above

deleted

Article 10(1b)

Y 160b

3. The Commission shall

assess whether the products

concerned by the

submission referred to in

paragraph 2 are of Union

interest pursuant to Article

14(3). Where the products

concerned are of Union

interest, the Commission

shall proceed with the

preliminary phase of

investigation pursuant to

Article 15.

3. The Commission shall

discard any submissions

that are manifestly

incomplete or unfounded or

[made in bad faith] and

distribute the remaining

submissions according to

the allocation key referred

to in Article 14a for their

assessment.

Article 10(1c)

G 160c

1b. In order to ensure

uniform conditions for the

submission of information,

the Commission shall adopt

implementing acts

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

establishing templates for

the submission of

information. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 29.

Article 10(1d)

G 160d

4. Where the products

concerned are not of Union

interest, the submission

referred to in paragraph 2

shall be directed to a

competent authority in a

way to ensure a fair and

balanced distribution of

submissions. Such

distributions among

competent authorities shall

be based on objective

criteria, including the

location of the registered

office, the central

administration or principal

place of business of the

economic operator

concerned, and the territory

in which the product

concerned is placed or

made available, exported or

manufactured.

The Commission shall

adopt implementing acts

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

setting out the process to

designate the competent

authority to which the

submission shall be

directed. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

The first such implementing

act shall be adopted by [OP

enter date = 35 months

after the entry into force].

Article 10(2)

G 161

2. The competent authority

shall, as soon as possible,

inform the person or

association referred to in

paragraph 1 of the outcome

of the assessment of their

submission.

2. The Commission or the

competent authority shall

diligently and impartially

assess the information and,

as soon as possible, inform

the person or association

referred to in paragraph 1 of

the outcome of the

assessment of their

submission.

25. The competent authority

or the Commission shall, as

soon as possiblewithin a

reasonable period of time,

inform the person or

association referred to in

paragraph 12 of the outcome

of the assessment of their

submission.

24. The lead competent

authority in charge of the

assessment pursuant to

paragraph 3 shall, as soon

as possible, inform the

person or association

referred to in paragraph 1

diligently and impartially

asses the information,

acknowledge the receipt of

the submission and inform

the person of the outcome of

the assessment of theirits

submission as soon as

possible.

5. The lead competent

authority may ask the

person or association

referred to in paragraph 1

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to provide additional

information.

COM to redraft

Article 10(2a)

G 161a

2a. In cases where there is

a significant time interval

between the submission of

information and the

outcome of the assessment,

the Commission or

competent authorities shall

confirm with such person or

association that the

situation has, to the best of

their knowledge, not

significantly changed.

6. In cases where there is a

significant time interval

between the submission of

information and the

decision to proceed with an

investigation according to

Chapter III, the lead

competent authority shall,

to the extent possible, verify

with the person or

association submitting the

information whether the

situation has, to the best of

their knowledge,

significantly changed. EP to redraft

Article 10(3)

G 162

3. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

3. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

36. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

37. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

COM to redraft

Text Origin: Commission

Proposal

Article 10(3a)

Y 162a

6a. The identity of the

natural or legal person or

any association not having

legal personality making a

submission pursuant to

paragraph 2 shall not be

made available to the

public.

COM to redraft

Article 11

163

Article 11

Database of forced labour

risk areas or products

Article 11

Database of forced labour

risk areas or products

Moved to row 158b [163 - 158b]

Article 11(1)

164

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive, verifiable

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive,

Moved to row 158c [164 - 158c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and regularly updated

database of forced labour

risks in specific geographic

areas or with respect to

specific products including

with regard to forced labour

imposed by state authorities.

The database shall be based

on the guidelines referred to

in Article 23, points (a), (b)

and (c), and relevant external

sources of information from,

amongst others, international

organisations and third

country authorities.

verifiableevidence-based

and regularly updated

database of forced labour

risks in specific geographic

areas, sectors, or with

respect to specific products

including with regard to

forced labour imposed by

state authorities. The

database shall be based on

the guidelines referred to in

Article 23, points (a), (b)

and (c), and relevant

external sources of

information from, amongst

others, international

organisations and third

country authorities.

Article 11(1a)

164a

1a. The database shall be

based on independent and

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations,

social partners, and

relevant experience from

implementing Union law

setting out due diligence

requirements with respect to

forced labour.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 11(1b)

164b

1b. Based on reliable and

verifiable evidence, the

database shall, in

particular, identify specific

economic sectors in specific

geographic areas, where

there is high risk of forced

labour being imposed by

state authorities.

Article 11(1c)

164c

1c. The database shall

include a list of all decisions

of the Commission and

competent authorities

pursuant to Article 6(4) and

Article 6(6).

Article 11(1d)

164d

1d. The database shall

include a list of publicly

available information

sources of relevance for the

implementation of this

Regulation, including

sources which make

available disaggregated

data on the impact and

victims of forced labour,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

such as gender-

disaggregated data or data

about forced child labour,

allowing to identify age-

and gender-specific trends.

Article 11(2)

165

2. The Commission shall

ensure that the database is

made publicly available by

the external expertise at the

latest 24 months after the

entry into force of this

Regulation.

2. The Commission shall

ensure that the database is

easily accessible, including

for persons with disabilities,

and made publicly available,

in all official languages of

the institutions of the

Union, by the external

expertise at the latest 2412

months after the entry into

forcebefore the date of

application of this

Regulation.

Moved to row 158d [165 - 158d]

Article 11(3)

166

3. Economic operators

placing or making available

on the Union market or

exporting products which are

not mentioned in the

database referred to in

paragraph 1 of this Article,

or which come from areas

that are not mentioned in

that database, shall also be

required to comply with

deleted

Moved to row 158e [166 - 158e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 3.

Article 11a

R 166a

Article 11a

Forced labour imposed by

state authorities

Based on the information

included in the database

referred to in Article 11(1b),

or on the information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

the Commission is

empowered to adopt

delegated acts in

accordance with Article 27

to supplement this

Regulation by determining

specific economic sectors in

specific geographic areas,

where a high risk of forced

labour imposed by state

authorities has been

identified.

Article 11a

Forced labour imposed by

state authorities

1. Based on reliable and

verifiable evidence, the

database shall in particular

identify specific economic

sectors in specific

geographic areas, where

there is high risk of forced

labour imposed by state

authorities.

2. Based on this

information, or on the

information and decisions

encoded in the information

and communication system

referred to in Article 22(1),

the Commission is

empowered to adopt

delegated acts in

accordance with Article 27

to supplement this

Regulation by determining

specific economic sectors in

specific geographic areas,

where a high risk of forced

labour imposed by state

authorities has been

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

identified.

Article 11b

G 166b

Article 23

Guidelines

Moved reference text

Article 2311

Guidelines

Moved from row 233 [233 - 166b]

EP Article 23

Guidelines

Article 2311

Guidelines

Text Origin: Council

Mandate

Article 11b(1), first subparagraph

R 166c

The Commission shall issue

guidelines no later than 18

months after the entry into

force of this Regulation,

which shall include the

following:

Moved reference text

1. The Commission, in

consultation with relevant

stakeholders, shall

issuemake available and

regularly update guidelines,

no later than [OP enter

DATE = 18 months after the

entry into force of this

Regulation], for competent

authorities, customs

authorities, economic

operators, with a specific

focus on SMEs, and

relevant stakeholders. These

guidelines, which shall

include the following

elements, adapted as

necessary to the relevant

addressees:

Moved from row 234 [234 - 166c]

The Commission shall issue

guidelines no later than 1812

months after the entry into

forcebefore the date of

application of this

Regulation, which shall

include the following:

The Commission, in

consultation with relevant

stakeholders, shall

issuemake available and

regularly update guidelines,

no later than 18[OP enter

DATE = X months after the

entry into force of this

Regulation], which shall

include the following:

EP to redraft

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 11b(1), second subparagraph

G 166d

(a) guidance on due

diligence in relation to

forced labour, which shall

take into account applicable

Union legislation setting out

due diligence requirements

with respect to forced

labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators;

Moved reference text

(a) guidance on due

diligence in relation to

forced labour, which shall

take into account applicable

Union legislation setting out

due diligence requirements

with respect to forced

labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators, such

guidance should include

information and best

practices on how to bring to

an end and remediate

forced labour;

Moved from row 235 [235 - 166d]

(a) (a) guidance on due

diligence in relation to

forced labour, including

forced child labour, which

shall take into account

applicable Union legislation

setting out due diligence

requirements with respect to

forced labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators,

different types of suppliers

along the supply chain,

different sectors and the

particular risks associated

with forced labour imposed

by state authorities;

(aa) [moved to 166j]

(ab) [moved to 166i]

(ac) guidance for economic

operators on measures that

are suitable and effective

for bringing to an end

different types of forced

labour;

(a) guidance for economic

operators on due diligence

in relation to forced labour,

including forced child

labour, which shall take into

account applicable national

and Union legislation, in

particular [Directive

20XX/XX/EU of the

European Parliament and

of the Council on Corporate

Sustainability Due

Diligence], setting out due

diligence requirements with

respect to forced labour,

guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators,

different types of suppliers

along the supply chain, and

different sectors.

(c) guidance for economic

operators on best practices

for bringing to an end and

remediating different types

of forced labour;

Article 11b(1), third subparagraph

Y 166e Y

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(aa) information on how

this Regulation relates to

other due diligence

legislation, in particular

[Directive 20XX/XX/EU of

the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence];

(e) guidance for competent

authorities on the practical

application of Articles 4 and

5, Article 11, Article 16 and,

where appropriate, any

other provision laid down in

Chapter III of this

Regulation, including

benchmarks for assisting

competent authorities in

their risk-based assessments

of investigations and

guidelines on the applicable

standard of evidence and on

how to ensure that

economic operators can use

the official language of

their place of establishment.

(e) guidance for competent

authorities on the practical

implementation of Articles

15 and 18 [preliminary

phase of investigations and

investigations, EP

mandate], Article 9

[database], including

benchmarks for assisting

competent authorities in

their risk-based assessments

of investigations and

guidelines on the applicable

standard of evidence [and

on how to ensure that

economic operators can use

the official language of

their place of

establishment].

Article 11b(1), fourth subparagraph

G 166f

(ab) guidance for the

practical implementation of

Article 26 and, where

appropriate, any other

provision laid down in Title

II of Chapter V of this

Regulation;

(ab) guidance for customs

authorities and economic

operators for the practical

implementation of Article

26 and, where appropriate,

any other provision laid

down in Section II of

Chapter V of this

Regulation;

Text Origin: Council

Mandate

Article 11b(1), fifth subparagraph

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 166g

(b) information on risk

indicators of forced labour,

which shall be based on

independent and verifiable

information, including

reports from international

organisations, in particular

the International Labour

Organization, civil society,

business organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Moved reference text

(b) information on risk

indicators of forced labour,

which shall be based on

independent and verifiable

information, including

reports from international

organisations, in particular

the International Labour

Organization, civil society,

business organisations, trade

unions and experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Moved from row 236 [236 - 166g]

(b)(c) information on risk

indicators of forced labour,

including how to identify

them, which shall be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the International

Labour Organization, civil

society, business

organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

(b)(c?) information on risk

indicators of forced labour,

including on how to identify

them, which shall be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the International

Labour Organization, civil

society, business

organisations, trade unions,

and experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Article 11b(1), sixth subparagraph

R 166h

available information

sources of relevance for the

implementation of this

Regulation;

Moved reference text

the database referred to in

Article 9 and a list of

publicly available

information sources of

relevance for the

implementation of this

Regulation;

Moved from row 237 [237 - 166h]

(c)(d) a list of publicly

available information

sources of relevance for the

implementation of this

Regulation;[deleted]

(c)(b) a list of publicly

available information

sources of relevance for the

implementation of this

Regulationguidance for

economic operators on due

diligence in relation to

forced labour imposed by

state authorities;

Article 11b(1), seventh subparagraph

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 166i

(d) guidance as to

submission of information

or evidence pursuant to

articles 16(4), 18(2);

(ab) guidance for

economic operators and

product suppliers on how to

engage in dialogue with

competent authorities

pursuant to Articles 4 and

(d) guidance for economic

operators and product

suppliers on how to engage

in dialogue with competent

authorities pursuant to

Chapter III, in particular

on the type of information

to be submited.

Article 11b(1), eighth subparagraph

G 166j

(e) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.

Moved reference text

(e) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.on how to

submit information

pursuant to Article 10(2); Moved from row 239 [239 - 166j]

(e)(aa) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.on how to

submit information

pursuant to Article 10;

(e) guidance for the

practicalon how to submit

information pursuant to

Article [single information

submission point]

(h) further information

to facilitate the competent

authorities’ implementation

of Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulationand the economic

operator’s compliance with

this Regulation, including

guidance for Member States

on the method for

calculating financial

penalties and the thresholds

applicable.

Article 11b(2)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

R 166k

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

Moved reference text

(d)(f) further information to

facilitate the competent

authorities’ implementation

of and the economic

operator’s compliance this

Regulation;.

Moved from row 238 [238 - 166k]

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

The guidance referred to in

paragraph 1, point (a), shall

focus in particular on

assisting small and

medium-sized enterprises

(SMEs) and economic

operators outside the scope

of [Directive 20XX/XX/EU

on Corporate Sustainability

Due Diligence] in

complying with this

Regulation, and in

particular with regard to

cases referred to in Article

5(2), point (da).

Furthermore, the

Commission shall develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

(d) further information to

facilitate the [The guidance

referred to in paragraph 1,

points (a) and (b), shall

focus in particular on

assisting small and

medium-sized enterprises

(SMEs) and economic

operators outside the scope

of [Directive 20XX/XX/EU

on Corporate Sustainability

Due Diligence] in

complying with this

Regulation.

Furthermore, the

Commission shall develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. These

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

National competent

authorities’ implementation

of shall support micro,

small and medium-sized

enterprises (SMEs) by

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

National competent

authorities shall support

micro, small and medium-

sized enterprises (SMEs) by

organizing trainings on

forced labour risk

indicators and on

engagement with

authorities during

investigations, and set up a

hotline for questions related

to this Regulation.

The Commission shall

consult relevant

stakeholders and partners

when elaborating the

guidelines referred to in this

Article.

The guidelines shall be

consistent with guidelines

provided in accordance with

other relevant Union law.

organizing trainings on

forced labour risk

indicators and on

engagement with

authorities during

investigations, and set up a

hotline for questions related

to this Regulation;.]

The guidelines shall be

consistent with guidelines

provided in accordance with

other relevant Union Law.

Article 12

167

Article 12

Competent authorities

Article 12

Competent authorities

Moved to row 107b [167 - 107b]

Article 12(1)

168

1. Member States shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

Moved to row 107c [168 - 107c]

Article 12(2)

169

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Moved to row 107d [169 - 107d]

Article 12(3), first subparagraph

170

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

Moved to row 107e [170 - 107e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

Article 12(3), first subparagraph, point (a)

171

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

Moved to row 107f [171 - 107f]

Article 12(3), first subparagraph, point (b)

172

(b) the areas of competence

of the designated competent

authority or authorities.

(b) the areas of competence

of the designated competent

authority or authorities.

Moved to row 107g [172 - 107g]

Article 12(3), second subparagraph

173

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Moved to row 107h [173 - 107h]

Article 12(4)

174

4. The Commission shall

make the list of the

designated competent

4. The Commission shall

make the list of the

designated competent

Moved to row 107i [174 - 107i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

Article 12(5)

175

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers and

resources to carry out the

investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers, expertise

and resources to carry out

the investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

Moved to row 107j [175 - 107j]

Article 12(6)

176

6. Member States shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

confer on their competent

authorities the power to

impose penalties in

accordance with Article 30.

confer on their competent

authorities the power to

impose penalties in

accordance with Article 30.

Moved to row 107l [176 - 107l]

Article 12

G 176a

Article 12

Forced Labour Single

Portal

Article 12a

Forced Labour Single

Portal

Text Origin: Council

Mandate

Article 12(1)

G 176b

The Commission shall set

up and regularly update a

single website making

available to the public, in

the same place and in all

the official languages of the

Union, the following items:

The Commission shall set

up and regularly update a

single website making

available to the public, in

the same place and in all

the official languages of the

Union, the following items:

Article 12(1), point (a)

G 176c

(a) the list of the designated

competent authorities

referred to in Article 5;

(a) the list and contacts of

the designated competent

authorities;

Article 12(1), point (a)

G 176d

(aa) the guidelines referred

(aa) the guidelines; G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to in Article 11;

Article 12(1), point (a)

Y 176e

(b) the database referred to

in Article 9;

(b) the database;

(ba) a list of publicly

available information

sources of relevance for the

implementation of this

Regulation, including

sources which make

available disaggregated

data on the impact and

victims of forced labour,

such as [gender-

disaggregated] data or data

about forced child labour,

allowing to identify age-

and gender-specific trends.

Article 12(1), point (a)

G 176f

(c) the single information

submission point referred to

in Article10;

(c) the single information

submission point;

Article 12

G 176g

(d) a non-confidential

summary of any

information referred to in

Article 20(3);

(d) any decision to ban a

product;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 12

G 176h

(e) a non-confidential

summary of any decision

referred to in Article 20(4).

(e) any withdrawal of a

ban;

(e a) the result of reviews;

Article 13

G 177

Article 13

Administrative cooperation

and communication among

competent authorities

Article 13

Administrative cooperation

and communication among

competent authorities

deleted

Article 13(1)

G 178

1. The Commission shall

ensure efficient cooperation

among the competent

authorities of the Member

States through facilitating

and coordinating the

exchange and collection of

information and best

practices with regard to the

application of this

Regulation.

1. The Commission shall

ensure efficient cooperation

and coordination among the

competent authorities of the

Member States through

facilitating and coordinating

the exchange and collection

of information and best

practices with regard to the

application of this

Regulation.

deleted

Moved to row 120j [178 - 120j]

deleted

Article 13(2)

G 179

2. Competent authorities

shall actively participate in

the Network referred to in

Article 24.

2. Competent authorities

shall actively participate in

the Network referred to in

Article 24.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 13

G 179a

Article 26

International Cooperation

Moved reference text

Article 2613

International Cooperation

Moved from row 257 [257 - 179a]

EP Article 26

International Cooperation

Article 2613

International Cooperation

Text Origin: Council

Mandate

Article 13a(1)

G 179b

1. In order to facilitate

effective implementation

and enforcement of this

Regulation, the Commission

may as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives

and business organisations.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved reference text

1. In order to facilitate

effective implementation and

enforcement of this

Regulation, the Commission

mayshall as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives,

trade unions and business

organisations. International

cooperation with authorities

of third countries shall take

place in a structured way as

part of the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved from row 258 [258 - 179b]

1. In order to facilitate

effective implementation and

enforcement of this

Regulation, the Commission

mayshall as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives,

including trade unions,

workers’ rights

organisations, NGOs and

networks of affected

stakeholders, and business

organisations and other

relevant stakeholders,

through new and existing

dialogue structures.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

1. In order to facilitate

effective implementation and

enforcement of this

Regulation, the Commission

mayshall, as appropriate,

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives

and business organisations.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

structures with third

countries or, if necessary,

trade unions, specific ones

that will be created on an ad

hoc basisbusiness

organisations and other

relevant stakeholders.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis,

and shall, where

appropriate, facilitate the

exchange of information on

investigations, including the

reasons and evidence for

decisions taken to ban

products from their

jurisdictions. The

Commission shall have

regular contact and

cooperation in particular

with third countries that

have similar laws in place,

to share information on risk

products or regions as well

as best practices for

bringing forced labour to

an end.

1a. Cooperation with third

countries shall be integrated

with other Union policies

and instruments that

include measures to

eradicate forced labour,

including trade agreements,

the Generalised Scheme of

Preferences, and

development cooperation

projects led by the

Commission.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

1b. The Commission and

Member States shall

develop cooperation and

partnership mechanisms

with third countries to

address the root causes of

forced labour, prevent and

eliminate forced labour

practices, and build the

capacity of upstream

economic actors to respond

to the requirements set out

in this Regulation.

Article 13(1), point (a)

G 179c

(a) International

cooperation with authorities

of third countries shall take

place in a structured way as

part of the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

2. International

cooperation with authorities

of third countries shall take

place in a structured way,

for example in the context

of existing dialogues with

third countries, such as

human rights and political

dialogues, implementation

of trade and sustainable

development commitments

of trade agreements or the

Generalised Scheme of

Preferences, and EU

development cooperation

initiatives or, if necessary,

specific dialogues that will

be created on an ad hoc

basis. This cooperation may

involve exchanges of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information on forced

labour risk areas or

products, of best practices

for bringing forced labour

to an end, and of

information on decisions to

ban products, including

their reasons and evidence,

in particular with countries

that have similar legislation

in place.

Article 13a(1), point (b)

G 179d

(b) The Commission shall

have regular contact and

cooperation in particular

with countries that have

similar legislation in place,

to share information of

forced labour risk areas or

products as well as best

practices for bringing to an

end forced labour.

Article 13a(2)

G 179e

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

23. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Union developing

accompanying measures to

support the efforts of

companies and partner

countries efforts and locally

available capacities in

tackling forced labour.

Moved reference text

the Union developing

accompanying measures to

support the efforts of

companies to comply with

this regulation and of and

partner countries efforts and

to tackle forced labour, as

well as supporting locally

available capacities in

tackling forced labourfor

that purpose.

Moved from row 259 [259 - 179e]

the Union developing

accompanying measures to

support the efforts of

companies, and in

particular SMEs, civil

society organisations, and

partner countries' efforts and

locally available capacities

in tackling forced labour and

its root causes.

the Union developing

accompanying measures to

support the efforts of

companies and partner2, the

Commission and Member

States may consider the

development of cooperation

initiatives and

accompanying measures to

support the efforts of

economic operators, in

particular SMEs, as well as

civil society organisations,

social partners and third countries efforts and locally

available capacities in

tackling forced labourto

tackle forced labour and its

root causes.

Chapter Iib

G 179f

Chapter III

Products entering or leaving

the Union market

Moved reference text

Chapter III

Products entering or leaving

the Union

marketInvestigations

Moved from row 187 [187 - 179f]

EP Chapter III

Products entering or leaving

the Union market

Chapter III

Products entering or leaving

the Union

marketInvestigations

Text Origin: Council

Mandate

Article 14

G 180

Article 14

Recognition of decisions

Article 14

Recognition of decisions

Article 14

Recognition of decisions

Information on the

Article 14

Recognition of decisions

Risk-based approach

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Original Article 14 (from EP and Commission) moved to line 180r. Below lines are New Article 14 from the Council

likelihood of a violation of

Article 3

Article 14(-1)

G 180a

1. Competent authorities

shall follow a risk-based

approach in assessing the

likelihood that economic

operators violated Article 3.

That assessment shall be

based on all relevant

information available to

them, including the

following information:

Moved reference text

1. The Commission and

competent authorities shall

follow a risk-based approach

in assessing the likelihood

that economic operators

violated Article 3. That

assessment shall be

confidential, based on all

relevant, verifiable, and

credible information

available to them, including,

but not limited to, the

following information:

Council Article 14(1), lines 180a to 180j refer to Article 4(1)

Moved from row 92 [92 - 180a]

1EP1. The Commission

and competent authorities

shall follow a risk-based

approach in assessing the

likelihood that economic

operators violated Article 3.

That assessment shall be

based on all relevant factual

and verifiable information

available to them, including

the following information:

1. Competent authorities

and the Commission shall

follow a risk-based approach

inwhen assessing the

likelihood that economic

operators violatedof

violation of Article 3. That

assessment shall be based on

all relevant information

available to them, including

the following information:,

initiating and conducting

the preliminary phase of the

investigations and

identifying the products and

economic operators

concerned.

Article 14(-1a)

G 180b

(a) information and

decisions encoded in the

information and

communication system

referred to in Article 8(1),

including any past cases of

compliance or non-

2. In their assessment of

the likelihood of a violation

of Article 3, competent

authorities and the

Commission shall use the

following criteria, as

appropriate, in order to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

compliance of an economic

operator with Article 3; This point was previous point (d)

prioritise products

suspected to have been

made with forced labour:

Article 14(-1a), point (a)

R 180c

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

Moved reference text

deleted

This point has become point (d)

Moved from row 93 [93 - 180c]

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10scale and severity

of the suspected forced

labour [,including whether

forced labour imposed by

state authorities could be a

concern];

Article 14(-1a), point (b)

G 180d

(b) the database referred to

in Article 9; This point was previous point (c)

(b) quantity or volume of

products placed or made

available on the Union

market;

Article 14(-1a), point (c)

G 180e

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c);

deleted

This point became point (c)

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c)point (b);

(b)(c) share of the part

suspected to have been

made with forced labour in

the final productthe risk

indicators and other

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 94 [94 - 180e]

information pursuant to

Article 23, points (b) and

(c);

Article 14(-1a), point (d)

R 180f

(c) the risk indicators and

other information pursuant

to Article 11, point (b); This point was previous point (b)

(d) [the availability of

alternative sources of

supply.]

Article 14(-1b)

G 180g

in Article 11;

Moved reference text

deleted

This point became point (b)

Moved from row 95 [95 - 180g]

(c) the database referred to

in Article 11;

(c)3. The database referred

to inassessment of the

likelihood of a violation of Article 11;3 shall be based

on all relevant, factual, and

verifiable information

available to competent

authorities and the

Commission, including, but

not limited to, the following:

Article 14(-1b), point (a)

G 180h

(d) submissions made

pursuant to Article 10; This point was previous point (a)

(a) information and

decisions encoded in the

information and

communication system

referred to in Article 8(1),

including any past cases of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

compliance or non-

compliance of an economic

operator with Article 3;

Article 14(-1b), point (b)

G 180i

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

Moved reference text

deleted

This point became point (a)

Moved from row 96 [96 - 180i]

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

(d)(b) information and

decisions encoded in the

information and

communication systemthe

database referred to in

Article 22(1), including any

past cases of compliance or

non-compliance of an

economic operator with

Article 39;

Article 14(-1b), point (c)

G 180j

(e) information requested by

the competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour.

(e) information

requestedreceived by the

competent authority from

other authorities relevant

authorities, where

necessary, on whether the

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced

labourfor the

implementation of this

regulation, such as national

due diligence, labour,

health or fiscal authorities,

(e)(b) information requested

by the Commission or the

competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

(e)(c) information requested

by the competent authority

fromthe risk indicators and

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation orinformation

pursuant to Article 11, point

(b);

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

on the products and

economic operators under

assessment unless the

sharing of such information

is not in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.law or national law

in compliance with Union

law substantially impairs

the execution of the

activities of such

authorities; Moved from row 97 [97 - 180j]

forced labour;

(ea) any issues arising from

meaningful consultations

with relevant stakeholders.

(d) submissions made

pursuant to Article 10;

(e) information received

by the competent authority

or the Commission from

other authorities relevant

for the implementation of

this regulation, such as Member States’ due

diligence, labour, health or

fiscal authorities, on the

products and economic

operators under

assessment; legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.

Article 14(-1b), point (c)(i)

G 180k

(ea) consultations with civil

society organisations and

trade unions.

(ea) any issues arising from

meaningful consultations

with relevant stakeholders,

such as civil society

organizations and trade

unions;

Article 14(-1c)

R 180l

2. In their assessment of

the likelihood that economic

operators violated Article 3,

competent authorities may,

4. When initiating a

preliminary investigation

pursuant to Article 15, lead

competent authorities shall,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

at any time, request the

Commission to conduct the

preliminary phase of

investigations pursuant to

Article 15, where the

products concerned are of

Union interest. The

Commission shall proceed

with the preliminary phase

of investigation pursuant to

Article 15 accordingly.

to the extent possible, focus

on the economic operators

and, where relevant,

product suppliers involved

in the steps of the supply

chain as close possible to

where the forced labour

likely occurs, and with the

highest leverage to prevent,

mitigate, bring to an end

[and remediate] the use of

forced labour. Lead

competent authorities shall

also take into account the

size and economic resources

of the economic operators,

in particular whether the

economic operator is an

SME, and the complexity of

the supply chain.

Article 14a

G 180m

3. The determination of the

Union interest shall be

based on all relevant,

verifiable and credible

information available to

competent authorities or to

the Commission for the

purposes of Article 10(3).

Union interest shall be

assumed if one or more of

the following criteria are

met:

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 14b

G 180n

(a) the scale and severity of

suspected forced labour is

significant;

deleted

Article 14c

G 180o

(b) the risks of suspected

forced labour are located

outside the territory of the

Union;

deleted

Article 14d

G 180p

(c) the products suspected

to have been made with

forced labour have a

significant impact on the

internal market.

deleted

Article 14e

G 180q

Products suspected to have

been made with forced

labour are presumed to

have a significant impact on

the internal market where

the products concerned are

present in at least three

Member States.

deleted

Article 14a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

R 180r

EP Article 14

Recognition of decisions

deleted

Article 14(1)

R 181

1. Decisions taken by a

competent authority in one

Member State shall be

recognised and enforced by

competent authorities in the

other Member States in so

far as they relate to products

with the same identification

and from the same supply

chain for which forced

labour has been found.

1. Decisions taken by a

competent authority in one

Member State shall be

recognised and enforced by

competent authorities in the

other Member States in so

far as they relate to products

with the same identification

and from the same supply

chain for which forced

labour has been found.

Decisions taken by the

Commission shall be

enforced by competent

authorities in all Member

States.

deleted

Article 14(2)

R 182

2. A competent authority

that has received, through

the information and

communication system

referred to in Article 22(1), a

request from a competent

authority of another Member

State for information to

verify any evidence provided

by an economic operator

2. A competent authority

that has received, through

the information and

communication system

referred to in Article 22(1), a

request from a competent

authority of another Member

State for information to

verify any evidence provided

by an economic operator,

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall provide that

information within 15

working days from the date

of receipt of the request.

shall provide that

information withinas soon as

possible and at the latest 15

working days from the date

of receipt of the request.

Article 14(3)

R 183

3. Where two or more

competent authorities initiate

investigations concerning

the same products or

economic operators, the lead

authority shall be the one

which first informed the

Commission and the

competent authorities of

other Member States of the

decision to initiate an

investigation in accordance

with Article 9(1), point (b).

3. Where two or more

competent authorities initiate

investigations concerning

the same products or

economic operators, the lead

authority shall be the one

which first informed the

Commission and the

competent authorities of

other Member States of the

decision to initiate an

investigation in accordance

with Article 9(1), point (b).

deleted

Article 14(4)

R 184

4. Before initiating an

investigation in accordance

with Article 5, a competent

authority shall verify in the

information and

communication system

referred to in Article 22(1)

whether there is a lead

authority referred to in

paragraph 3 investigating the

same product and economic

4. Before initiating an

investigation in accordance

with Article 5, a competent

authority shall verify in the

information and

communication system

referred to in Article 22(1)

whether there is a lead

authority referred to in

paragraph 3 investigating the

same product and economic

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operator.

Article 14(5)

R 185

5. Where there is a lead

authority as referred to in

paragraph 3, competent

authorities shall share all the

evidence and information

they may have with that lead

authority to facilitate the

investigation and shall not

start a separate investigation.

5. Where there is a lead

authority as referred to in

paragraph 3, competent

authorities shall share all the

evidence and information

they may have with that lead

authority to facilitate the

investigation and shall not

start a separate investigation.

deleted

Article 14(6)

R 186

6. The lead authority shall

carry out the investigation

and adopt a decision in

accordance with Article 6 on

the basis of the assessment

of all evidence before it.

6. The lead authority shall

carry out the investigation

and adopt a decision in

accordance with Article 6 on

the basis of the assessment

of all evidence before it.

deleted

Article 14(6a)

R 186a

6a. Before initiating a

preliminary investigation in

accordance with Article 4, a

competent authority shall

verify in the information

and communication system

referred to in Article 22(1)

whether there are one or

more authorities assessing

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the same product and the

same economic operator.

Where there is at least one

other competent authority

conducting such

assessment, only the

competent authority which

first informed the

Commission and the

competent authorities of

other Member States of the

decision to open a

preliminary investigation in

accordance with Article

9(1), point (-aa), shall

request the information

referred to in Article 4(3)

from the economic operator

and relevant product

suppliers. That competent

authority shall share all

information collected with

the other competent

authorities assessing the

same products or the same

economic operators.

Article 14(6b)

R 186b

6b. Where competent

authorities are mentioned in

paragraphs 2, 3, 4, 5, 6 and

6a, they shall be deemed to

include the Commission,

when it acts on the basis of

Chapter II of this

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Regulation.

Chapter III

187

Chapter III

Products entering or leaving

the Union market

Chapter III

Products entering or leaving

the Union market

Moved to row 179f [187 - 179f]

Article 15

G 188

Article 15

Controls

Article 15

Controls

Original Article 15 (from EP and Commission) moved to line 188m. Below lines are New Article 15 from the Council

Article 15

ControlsPreliminary phase

of investigations

Article 15

ControlsPreliminary phase

of investigations G

Article 15(1)

G 188a

2. In their assessment of the

likelihood that economic

operators violated Article 3,

competent authorities shall

focus on the economic

operators involved in the

steps of the value chain as

close as possible to where

the risk of forced labour is

likely to occur and take into

account the size and

economic resources of the

economic operators, the

quantity of products

21. In their assessment of

the likelihood that economic

operators violated Article 3,

competent authorities, or

where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2), shall focus on the economic

operators involved in the

steps of the valuesupply

chain as close as possible to

where the risk of forced

2. In their assessment of the

likelihood that economic

operators violated Article 3,

the Commission and

competent authorities shall

focus on the economic

operators and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the risk

of forced labour is likely to

occur and take into account

the size and economic

deleted

Council proposal covered in new Article 14(4) risk based approach and right to be heard is moved to article 17.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

concerned, as well as the

scale of suspected forced

labour.

Moved reference text

labour is likely to occur.

They shall also and take into

account the size and

economic resources of the

economic operators

concerned, as well as the

share of the component in

the final product, the

quantity of products

concerned, as well as that is

made available on the

Union Market, and the scale

of suspected forced labour.

Moved from row 98 [98 - 188a]

resources of the economic

operators, the share of

forced labour component in

the final product, the

quantity of products

concerned, as well as the

scale of suspected forced

labour and whether state-

imposed forced labour

could be a concern.

2a. The right of the

economic operator to be

heard shall be respected at

all stages of the process.

Article 15(1)

R 188b

3. Before initiating an

investigation in accordance

with Article 5(1), the

competent authority shall

request from the economic

operators under assessment

information on actions taken

to identify, prevent, mitigate

or bring to an end risks of

forced labour in their

operations and value chains

with respect to the products

under assessment, including

on the basis of any of the

following:

Moved reference text

32. Before initiating an

investigation in accordance

with Article 5(1)18(1),

competent authorities, or

where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2), the competent authority shall

request from the economic

operators under assessment

information on its current

actions taken to identify,

prevent, mitigate or bring to

an end risks of forced labour

in their operations and

valuesupply chains with

3. Before initiating an

investigation in accordance

with Article 5(1), the

Commission or the

competent authority shall

request from the economic

operators under assessment

and relevant product

suppliers information on

actions taken to identify,

prevent, mitigate or bring to

an end risks of forced labour

and remediate forced labour

cases in their operations and

valuesupply chains with

respect to the products under

assessment, including on the

basis of any of the

31. Before initiating an

investigation in accordance

with Article 5(1), the18(1),

lead competent

authorityauthorities shall

request from the economic

operators under assessment

and, where relevant, other

product suppliers,

information on their

relevant actions taken to

identify, prevent, mitigate

or, bring to an end [or

remediate] risks of forced

labour in their operations

and valuesupply chains with

respect to the products under

assessment, including on the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

respect to the products under

assessment, including on the

basis of any of the

following:

Moved from row 99 [99 - 188b]

following:

basis of any of the

following, unless it would

jeopardise the outcome of

the assessment:

Article 15(-1a), point (a)

G 188c

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

Moved reference text

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respectin

relation to forced labour;

Moved from row 100 [100 - 188c]

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

Text Origin: Commission

Proposal

Article 15(-1a), point (b)

G 188d

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

Moved reference text

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a)11;

Moved from row 101 [101 - 188d]

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

Article 15(-1a), point (c)

G 188e

or recommendations of the

UN, ILO, OECD or other

relevant international

or recommendations of the

UN, ILO, OECD or other

relevant international

or recommendations of the

UN, ILO, OECD or other

relevant international

or recommendations of the

UN, ILO, OECD or other

relevant international

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

organisations;

Moved reference text

organisations;

Moved from row 102 [102 - 188e]

organisations, as well as of

social partners, in

particular those guidelines

and recommendations

relating to geographic

areas, productions sites and

economic activities in

certain sectors, in specific

areas with systematic and

widespread forced labour

practices;

organisations, in particular

those guidelines and

recommendations relating

to geographic areas,

productions sites and

economic activities in

certain sectors in which

there are systematic and

widespread forced labour

practices;

Article 15(-1a), point (d)

G 188f

(d) any other due diligence

in relation to forced labour.

Moved reference text

(d) any other due diligence

or information in relation to

forced labour in their supply

chain.

Moved from row 103 [103 - 188f]

(d) any other due diligence

in relation to forced labour.

The Commission and

competent authorities may

request information on

those actions from other

relevant stakeholders,

including the persons or

associations having

submitted relevant

information pursuant to

Article 10 and any other

stakeholder working on the

products or regions related

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries.

3a. Notwithstanding

(d) any other meaningful

due diligence or other

information in relation to

forced labour in their supply

chain.

(new subparagraph) Lead

competent authorities may

request information on

those actions from other

relevant stakeholders,

including the persons or

associations having

submitted relevant, factual,

and verifiable information

pursuant to Article 10 and

any other natural or legal

persons related to the

products and geographical

areas under assessment, as

well as from the European

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

paragraph 2a, the

Commission and competent

authorities may refrain

from requesting

information from the

economic operator and

relevant product suppliers if

they have a well-founded

reason to believe, based on

objective information, that

it represents a risk to the

investigation.

External Action Service and

EU Delegations in relevant

third countries.

Article 15(-1a), point (e)

Y 188g

4. Economic operators shall

respond to the request of the

competent authority referred

to in paragraph 3 within 15

working days from the day

they received such request.

Economic operators may

provide to competent

authorities any other

information they may deem

useful for the purposes of

this Article.

Moved reference text

43. Economic operators

shall respond to the request

of the competent authority

referred to in paragraph 32

within 1530 working days

from the day they received

such request. Economic

operators may provide to

competent authorities any

other information they may

deem useful for the purposes

of this Article.

Moved from row 104 [104 - 188g]

4. Economic operators and

relevant product suppliers

shall respond to the request

of the Commission or

competent authority referred

to in paragraph 3 within

1530 working days from the

day they received such

request. Economic operators

may provide to the

Commission or competent

authorities any other

information they may deem

useful for the purposes of

this Article.

42. Economic operators

shall respond to the request

of the competent authority

referred to in paragraph 31

within 1530 working days

from the day they received

such request. Economic

operators may provide to

competent authorities any

other information they may

deem useful for the purposes

of this Article.

[Where necessary,

economic operators may

request support on how to

engage with the lead

competent authority from

the hotline referred to in

Article 11b.] First part of the paragraph has

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

been provisionally agreed. The part in [ ] is not agreed - it is depended on the agreement on the SME article.

Text Origin: Council

Mandate

Article 15(-1a), point (f)

G 188h

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators pursuant

to paragraph 4, the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4.

Moved reference text

5. Within 3060 working

days from the date of

receiptday of the

notification of the

information submitted by

economic operators

pursuant to paragraph 4, the

competent authoritiesrequest

referred to in paragraph 2,

the competent authorities,

or where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2), shall concludeclose the

preliminary phase of their

investigation as to whether

there is a substantiated

concern of violation of

Article 3, on the basis of the

assessment referred to in

paragraph 1 and, if any, the

information submitted by

economic operators pursuant

to paragraph 3, as well as

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators and

relevant product suppliers

pursuant to paragraph 4, the

Commission or the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators and relevant

product suppliers pursuant

to paragraph 4.

5a. Notwithstanding

paragraph 5, the

Commission or competent

authorities may conclude

that there is substantiated

53. Within 30 working days

from the date of receipt of

the information submitted by

economic operators pursuant

to paragraph 4, the2, lead

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3, on the

basis of the assessment

referred to in paragraph

1Article 14(3) and the

information submitted by

economic operators pursuant

to paragraph 42.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the consultation in paragraph 4.

Moved from row 105 [105 - 188h]

concern on the basis of any

other facts available where

it was not possible to gather

information and evidence

pursuant to paragraph 4, or

where the competent

authorities or the

Commission have refrained

from requesting

information in accordance

with paragraph 3a.

Article 15(-1a), point (g)

G 188i

6. The competent authority

shall duly take into account

where the economic operator

demonstrates that it carries

out due diligence on the

basis of identified forced

labour impact in its supply

chain, adopts and carries out

measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

Moved reference text

6. The competent authority

shall duly take into account

where the economic

operator demonstrates that it

carries out due diligence on

the basis of identified forced

labour impact in its supply

chain, adopts and carries

out measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

Moved from row 106 [106 - 188i]

6. The competent authority

shall duly take into account

where the economic

operator demonstrates that it

carries out due diligence on

the basis of identified forced

labour impact in its supply

chain, adopts and carries

out measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

deleted

Article 15(-1a), point (h)

Y 188j

7. Competent authorities

shall not initiate an

investigation pursuant to

76. Competent authorities

shall not initiate an

investigation pursuant to

7. The Commission or

competent authorities shall

not initiate an investigation

74. Competent authorities

shall not initiate an

investigation pursuant to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 5, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3, for instance due to,

but not limited to, the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Moved reference text

Article 5, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3Where the

competent authority, or

where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2),

considers that there is no

substantiated concern of

violation of Article 3, or

that the reasons that

motivated the existence of

the substantiated concern

have been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 32

being applied in a way that

mitigates, prevents and

brings to an end the risk of

pursuant to Article 5, and

shall inform the economic

operators under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the

Commission or the

competent authorities

consider that there is no

substantiated concern of a

violation of Article 3, or that

the reasons that motivated

the existence of a

substantiated concern have

been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Article 5, and shall inform

the economic operators

under assessment

accordingly,

where,Notwithstanding

paragraph 3, lead

competent authorities may

conclude that there is

substantiated concern on

the basis of the assessment

referred to in paragraph 1

and the information

submitted by all evidence

and information gathered,

where the economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3, for instance due to,

but not limited to, the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to infails to provide

the information requested

within the time limit

prescribed without a valid

justification, or where lead

competent authorities have

refrained from requesting

information in accordance

with paragraph 3 being

applied in a way that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

forced labour, it shall not

initiate an investigation in

accordance with Article

18(1) and inform the

economic operators under

assessment accordingly.

Moved from row 107 [107 - 188j]

mitigates, prevents and

brings to an end the risk of

forced labour1.

Paragraph to be aligned with the final outcome of the non- cooperation principle

Article 15(-1a), point (i)

G 188k

4. If the competent

authority, or where

applicable the Commission

acting pursuant to Article

10(3) or acting upon a

request pursuant to Article

14(2), determines that

further information is

needed to carry out its

assessment, the competent

authority, or where

applicable the Commission

acting pursuant to Article

10(3) or acting upon a

request pursuant to Article

14(2), shall invite the

economic operator under

assessment for

consultations. These

consultations shall take

place within 60 working

days from the day the

request referred to in

paragraph 2 is notified to

5. Lead competent

authorities shall not initiate

an investigation pursuant to

Article 18, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in Article 14(3)

and, if any, of the

information submitted by

economic operators

pursuant to paragraph 2,

they consider that there is

no substantiated concern of

a violation of Article 3, or

that the reasons that

motivated the existence of a

substantiated concern have

been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the economic operators

under assessment. this paragraph should come after paragraph 3 (188g)

other due diligence in

relation to forced labour

referred to in paragraph 1

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Article 15(-1a), point (j)

G 188l

7. The competent authority,

or where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2),

shall communicate through

the information and

communication system

referred to in Article 8(1)

the outcome of its

assessment pursuant to

paragraph 5 Article 8(1).

6. Lead competent

authorities shall

communicate through the

information and

communication system

referred to in Article 8(1)

the outcome of their

assessment pursuant to

paragraph 5.

Article 15(-1)

188m

EP Article 15

Controls

Article 15(1)

189

1. Products entering or

leaving the Union market

shall be subject to the

1. Products entering or

leaving the Union market

shall be subject to the

Moved to row 253a [189 - 253a]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

controls and measures laid

down in this Chapter.

controls and measures laid

down in this Chapter.

Article 15(2)

190

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

Moved to row 253g [190 - 253g]

Article 15(3)

191

3. The competent authority

shall without delay, where

no request for a review has

been introduced within the

time limits referred in

Article 8(1) or the decision

is definitive in case of a

request for a review as

referred to in Article 8(3),

communicate to the customs

authorities of Member

States:

3. The Commission or the

competent authority shall

without delay, where no

request for a review has been

introduced within the time

limits referred in Article 8(1)

or the decision is definitive

in case of a request for a

review as referred to in

Article 8(3), communicate to

the customs authorities of

Member States:

Moved to row 253c [191 - 253c]

Article 15(3), point (a)

192

(a) any decision to prohibit

the placing or making

(a) any decision to prohibit

the placing or making

Moved to row 253e [192 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

253e]

Article 15(3), point (b)

193

(b) any decision following

the review referred to in

Article 8(3).

(b) any decision following

the review referred to in

Article 8(3).

Moved to row 253f [193 - 253f]

Article 15(4)

194

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013.

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013. The Commission

and Member States shall

ensure that the customs

authorities have sufficient

resources to carry out these

Moved to row 253d [194 - 253d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

controls.

Article 15(5)

195

5. The competent authority

shall without delay

communicate to the customs

authorities of Member States

a withdrawal of the decision

referred to in Article 6(6).

5. The Commission or the

competent authority shall

without delay communicate

to the customs authorities of

Member States a withdrawal

of the decision referred to in

Article 6(6).

Moved to row 253b [195 - 253b]

Article 15a

G 195a

Article 16

Designation of the lead

competent authority

deleted

Article 15a(1)

G 195b

1. Competent authorities

that, pursuant to Article 4(5),

determine that there is a

substantiated concern of a

violation of Article 3, shall

decide to initiate an

investigation on the products

and economic operators

concerned.

Moved reference text

13. Where competent

authorities that, pursuant to

Article 4(5)15(5), determine

that there is a substantiated

concern of a violation of

Article 3, they shall decide

to initiatecommunicate

through the information

and communication system

referred to in Article 8(1)

their intention of initiating an investigation on the

products and economic

operators concerned.

1. The Commission or

competent authorities that,

pursuant to Article 4(5) or to

the information contained

in the delegated act referred

to in Article 11a, determine

that there is a substantiated

concern of a violation of

Article 3, shall decide to

initiate an investigation on

the products and economic

operators concerned.

Paragraph from Article 5(1) of

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 109 [109 - 195c]

original proposal

Article 15a(2)

G 195c

2. Where the Commission

acting pursuant to Article

10(3) or acting upon a

request pursuant to Article

14(2), determines that there

is a substantiated concern

of a violation of Article 3,

pursuant to Article 15(5), or

where the Commission acts

upon a request pursuant to

Article 16(4)(b), it shall lead

the investigation in

accordance with Article

18(1) (‘lead competent

authority’).

deleted

Article 15a(3)

G 195d

4. Other competent

authorities may, within 10

working days from the date

of the communication of the

intention of initiating an

investigation, object to such

intention through the

information and

communication system

referred to in Article 8(1),

only in one of the following

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

situations:

Article 15a(3), point (a)

G 195e

(a) they have reasonable

grounds to believe that they

are better placed to lead the

investigation;

deleted

Article 15a(3), point (b)

G 195f

(b) they demonstrate that

the products concerned are

of Union interest, and

request the Commission to

act as lead competent

authority.

deleted

Article 15a(4)

G 195g

5. Where competent

authorities do not agree on

the designation of the lead

competent authority

pursuant to paragraph 4,

they may consult the

Network for an opinion on

the designation.

deleted

Article 15a(5)

G 195h

6. Where no objection is

raised on the designation of

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the lead competent

authority pursuant to

paragraph 4, the competent

authority that

communicated its intention

of initiating the

investigation pursuant to

paragraph 3 shall act as

lead competent authority.

Article 16

196

Article 16

Information to be made

available to customs

authorities

Article 16

Information to be made

available to customs

authorities

Moved to row 256a [196 - 256a]

Article 16(1)

197

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

and communication system

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

and communication system

Moved to row 256b [197 - 256b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in Article 22(1).

Article 16(2)

198

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved to row 256c [198 - 256c]

Article 16(3)

199

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

Moved to row 256d [199 - 256d]

Article 16(4)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

200

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

Moved to row 256e [200 - 256e]

Article 16(5)

201

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

Moved to row 256f [201 - 256f]

Article 17

G 201a

Article 17

Coordination of

investigations and mutual

assistance

Article 17

Coordination of

investigations and mutual

assistance

Text Origin: Council

Mandate

Article 16a(1)

G 201b

1. The Commission and

1. The Commission and G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

competent authorities shall

cooperate closely between

them and provide each

other with mutual

assistance in order to

implement this Regulation

in a consistent and efficient

manner.

competent authorities shall

cooperate closely between

them and provide each

other with mutual

assistance in order to

implement this Regulation

in a consistent and efficient

manner.

1aa. The right of the

economic operator to be

heard shall be respected at

all stages of the process.

1a. Lead competent

authorities shall, at any

time and without undue

delay, communicate via the

information and

communication system

referred to in Article 8(1) if

they find new information

about suspected forced

labour taking place.

Text Origin: Council

Mandate

Article 16a(2)

G 201c

2. The lead competent

authority may, where

appropriate, request the

support of other relevant

competent authorities.

Other competent

authorities, that have an

interest in the investigation,

2. The lead competent

authority may, where

appropriate, request the

support of other relevant

competent authorities,

including to ensure an

economic operator has the

possibility to use the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

may request to be closely

involved in the

investigation.

language of their place of

establishment within the

Union. Other competent

authorities that have an

interest in the investigation

may request to be closely

involved in the

investigation.

Text Origin: Council

Mandate

Article 16a(3)

G 201d

3. A competent authority

that has received, through

the information and

communication system

referred to in Article 8(1), a

request from a competent

authority of another

Member State for

information or to verify any

evidence provided by an

economic operator shall

provide an answer within 30

working days from the date

of receipt of the request.

5a. A competent authority

that has received, through

the information and

communication system

referred to in Article 22(1),

a request from a competent

authority of another

Member State for

information to verify any

evidence provided by an

economic operator, shall

provide that information as

soon as possible and at the

latest 15 working days from

the date of receipt of the

request. From EP mandate line 182

3. A competent authority

that has received, through

the information and

communication system

referred to in Article 8(1), a

request for information

from another competent

authority shall provide an

answer within 20 working

days from the date of receipt

of the request.

Article 16a(4)

G 201e G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

4. The requested authority

may ask the requesting

authority to complement the

information contained in

the request if it concludes

that the information

provided initially not

sufficient.

4. The requested competent

authority may ask the

requesting competent

authority to complement the

information contained in

the request if it concludes

that the information

provided initially is not

sufficient.

Article 16a(5)

G 201f

5. A requested competent

authority may refuse to

comply with a request only

in one of the following

situations:

5. A requested competent

authority may refuse to

comply with a request only

if the requested authority

demonstrates that

complying with the request

would substantially impair

the execution of its own

activities.

Article 16a(5), point (a)

G 201g

(a) the requested

information cannot be

gathered on the territory of

the Member State of the

requested competent

authority;

deleted

Article 16a(5), point (b)

G 201h

(b) the requested authority

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

demonstrates reasonable

grounds showing that

complying with the request

would substantially impair

the execution of its own

activities.

deleted

Article 16a(6)

G 201i

6. Before initiating an

investigation in accordance

with Article 18, a competent

authority shall verify in the

information and

communication system

referred to in Article 8(1)

whether there is a lead

competent authority

investigating the product

with the same identification

and from the same supply

chain or same economic

operator. Where there is a

lead competent authority,

other competent authorities

shall share all the relevant

evidence and information

they may have with that

lead competent authority to

facilitate the investigation,

in compliance with Union

law or national law in

compliance with Union law,

and shall not start a

separate investigation.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 17

202

Article 17

Suspension

Article 17

Suspension

Moved to row 256g [202 - 256g]

Article 17, first paragraph

203

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities or the

Commission of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Moved to row 256h [203 - 256h]

Article 17a

G 203a

Article 18

Investigations

EP Article 5

Investigations

Article 18

Investigations

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Text Origin: Council

Mandate

Article 17a, first paragraph

G 203b

2. Competent authorities

that initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 3

working days from the date

of the decision to initiate

such investigation about the

following:

Moved reference text

21. Lead competent

authorities that initiate an

investigation pursuant to

paragraph 1 shallshall

communicate it through the

information and

communication system

referred to in Article 8(1)

and inform the economic

operators subject to the

investigation, within 35

working days from the date

of the decision to initiate

such investigation, unless it

would jeopardise the

outcome of the

investigation, about the

following:

Moved from row 110 [110 - 203b]

21. 2. The Commission or

competent authorities that

initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 32

working days from the date

of the decision to initiate

such investigation about the

following:

21. Lead competent

authorities that, pursuant to

Article 15(4) determine that

there is a substantiated

concern of a violation of

Article 3, shall initiate an

investigation pursuant to

paragraph 1 shallon the

products and economic

operators concerned and inform the economic

operators subject to the

investigation, within 3

working days from the date

of the decision to initiate

such investigation, about the

following:

Article 17a, first paragraph, point (a)

G 203c

(a) the initiation of the

investigation and the

possible consequences

thereof;

Moved reference text

(a) the initiation of the

investigation and the

possible consequences

thereof;

Moved from row 111 [111 -

(a) the initiation of the

investigation and the

possible consequences

thereof;

(a) the initiation of the

investigation and the

possible consequences

thereof;

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

203c]

Article 17a, first paragraph, point (b)

G 203d

(b) the products subject to

the investigation;

Moved reference text

(b) the products subject to

the investigation;

Moved from row 112 [112 - 203d]

(b) the products subject to

the investigation;

(b) the products subject to

the investigation;

Text Origin: Commission

Proposal

Article 17a, first paragraph, point (c)

G 203e

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

Moved reference text

initiation of the

investigation, unless it would

jeopardise the outcome of

the investigation;

Moved from row 113 [113 - 203e]

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

Article 17a, first paragraph, point (d)

Y 203f

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority, and the

date by which such

information has to be

submitted.

Moved reference text

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority, and the

date by which such

information has to be

submitted.

Moved from row 114 [114 - 203f]

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority or the

Commission, and the date by

which such information has

to be submitted;

(da) the requirement for the

economic operator to

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority or the

Commission, and the date by

which such information has

to be submitted;

1a. [place holder for

information obligation –

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

demonstrate that Article 3

has not been violated with

regard to the products

coming from the geographic

areas and the economic

sectors listed in the

delegated act adopted

pursuant to Article 11a.

mirror art 15]

Text Origin: Auxiliary

Article 17a, first paragraph, point (e)

Y 203g

3. Where requested to do so

by competent authorities,

economic operators under

investigation shall submit to

those competent authorities

any information that is

relevant and necessary for

the investigation, including

information identifying the

products under investigation,

the manufacturer or producer

of those products and the

product suppliers. In

requesting such information,

competent authorities shall

to the extent possible:

Moved reference text

32. Where requested to do

so by competent authorities,

economic operators under

investigation shall submit to

those competent

authoritieshave at least 30

working days to submit any

information that is relevant

and necessary for the

investigation, including. It

shall include information

identifying the products

under investigation, the

manufacturer or producer of

those products and the

product suppliers. In

requesting such information,

competent authorities shall

to the extent possible:

Moved from row 115 [115 - 203g]

3. Where requested to do so

by the Commission or

competent authorities,

economic operators under

investigation and relevant

product suppliers shall

submit to the Commission

or those competent

authorities any information

that is relevant and necessary

for the investigation,

including information

identifying the products

under investigation, the

manufacturer or producer of

those products and the

product suppliers. In

requesting such information,

the Commission or competent authorities shall

to the extent possible:

32. Where requested to do

so by lead competent

authorities, economic

operators under investigation

shall submit to those

competent authorities any

information that is relevant

and necessary for the

investigation, including

information identifying the

products under investigation

and, where appropriate,

identifying the part of the

product to which the

investigation should be

limited, the manufacturer or

producer of those parts of

products or products and the

product suppliers or

suppliers of the parts of the

product. In requesting such

information, lead competent

authorities shall, to the

extent possible:, prioritise

the economic operators

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

under investigation involved

in the steps of the supply

chain as close as possible to

where the forced labour

likely occurs, and take into

account the size and

economic resources of the

economic operators, in

particular whether the

operator is an SME, the

quantity of products

concerned, the complexity

of the supply chain, as well

as the scale of suspected

forced labour [Where

necessary, economic

operators may request

support on how to engage

with the lead competent

authority from the hotline

referred to in Article 11b.]

Article 17a, second paragraph

Y 203h

5. Competent authorities

may decide, where needed,

to conduct field inspections,

in accordance with Article

19.

3. Lead competent

authorities shall set a

deadline for economic

operators for submitting the

information referred to in

paragraph 2 of at least 30

working days and no longer

than 60 working days.

Nevertheless, economic

operators may request an

extension of that deadline

with a justification. When

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

deciding on such extension,

lead competent authorities

shall consider the size and

economic resources of the

economic operators

concerned, including

whether the economic

operator is an SME.

Article 17a, third paragraph

G 203i

6. Once the lead competent

authority has finalised its

investigation, it shall

communicate its complete

findings, including all

information and evidence

gathered pursuant to Article

15, 18 and 19, and a

proposition as to the

conclusion to be drawn

through the information

and communication system

referred to in Article 8(1).

4. Lead competent

authorities may collect

information from or

interview any relevant

natural or legal person who

consents to be interviewed

for the purpose of collecting

information relating to the

subject matter of the

investigation, including

relevant economic operators

and any other stakeholders.

Article 17a, fourth paragraph

G 203j

5. In requesting such

information, and defining

the time limit to submit it,

competent authorities shall

to the extent possible:

5. Lead competent

authorities may, where

needed, carry out all

necessary checks and

inspections in accordance

with Article 19. Add accompanying recital: the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

right to be heard of the economic operator shall be respected in the investigation process.

Article 17a, third paragraph, point (a)

G 203k

(a) prioritise the economic

operators under investigation

involved in the steps of the

value chain as close as

possible to where the likely

risk of forced labour occurs

and

Moved reference text

(a) prioritise the economic

operators under investigation

involved in the steps of the

valuesupply chain as close

as possible to where the

likely risk of forced labour

occurs and

Moved from row 116 [116 - 203i]

(a) after identifying the

individual responsibilities,

along the supply chain, of

different product suppliers

down to the level where

forced labour is taking

place, prioritise the

economic operators under

investigation and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the

forced labour likely

riskoccurs and with the

highest leverage to prevent,

mitigate, bring to an end

and remediate the use of

forced labour occurs, and

deleted

Article 17a, third paragraph, point (b)

G 203l

(b) take into account the

size and economic resources

of the economic operators,

the quantity of products

concerned, as well as the

scale of suspected forced

(b) take into account the

size and economic resources

of the economic operators,

the quantity of products

concerned put on the

market, as well as the scale

(b) take into account the

size and economic resources

of the economic operators,

in particular whether the

operator is an SME, the

quantity of products

deleted

Text Origin: Auxiliary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

labour.

Moved reference text

of suspected forced labour.

Moved from row 117 [117 - 203j]

concerned, the complexity of

the supply chain, as well as

the scale of suspected forced

labour.

Article 17a, third paragraph, point (c)

G 203m

4. Economic operators shall

submit the information

within 15 working days from

the request referred to in

paragraph 3 or make a

justified request for an

extension of that time limit.

Moved reference text

46. Economic operators

shall submit the information

within 15 working days from

themay request referred to in

paragraph 3 or make a

justified request for an

extension of that time limita

justified extension of that

time limit, which shall not

exceed 15 working days.

Moved from row 118 [118 - 203k]

42. Economic operators and

relevant product suppliers

shall submit the information

within 1530 working days

from the request referred to

in paragraph 3 or make a

justified request for an

extension of that time limit.

deleted

Article 17a, third paragraph, point (d)

G 203n

5. When deciding on the

time limits referred to in this

Article, competent

authorities shall consider the

size and economic resources

of the economic operators

concerned.

Moved reference text

57. When deciding on the

time limits referred to in this

Article, competent

authorities shall consider the

size and economic resources

of the economic operators

concerned.

Moved from row 119 [119 - 203l]

5. When deciding on the

time limits referred to in this

Article, the Commission

and competent authorities

shall consider the size and

economic resources of the

economic operators

concerned, including

whether the economic

operator is an SME.

deleted

Article 17a, third paragraph, point (e)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 203o

6. Competent authorities

may carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Moved reference text

6. Competent authorities

may carry out all necessary

checks and inspections

including investigations in

third countries, provided

that the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Moved from row 120 [120 - 203n]

6. The Commission and

competent authorities may

carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

deleted

Article 18

204

Article 18

Release for free circulation

or export

Article 18

Release for free circulation

or export

Moved to row 266a [204 - 266a]

Article 18(1)

205

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

Moved to row 266b [205 - 266b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Article 18(1), point (a)

206

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

(a) within 4 working days of

the suspension, if the

Commission or the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Moved to row 266c [206 - 266c]

Article 18(1), point (b)

207

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

pursuant to this Regulation.

(b) the Commission or the

competent authorities

informed the customs

authorities of their approval

for release for free

circulation or export

pursuant to this Regulation.

Moved to row 266d [207 - 266d]

Article 18(2)

208

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

Moved to row 266e [208 - 266e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and, in particular, with this

Regulation.

and, in particular, with this

Regulation.

Article 18a

G 208a

Article 19

Field inspections

Article 19

Field inspections

Text Origin: Council

Mandate

Article 18a(1)

G 208b

1. In exceptional situations

where the lead competent

authority may deem it

necessary to conduct field

inspections, it shall

undertake this with

consideration to where the

risk of forced labour is

located.

1. In exceptional situations

where the lead competent

authority may deem it

necessary to conduct field

inspections, it shall

undertake this with

consideration to where the

risk of forced labour is

located.

Article 18a(2)

G 208c

2. In cases where the risk

of forced labour is located

in the territory of a Member

State of which the

competent authority is the

lead competent authority, it

may conduct its own

inspections. If needed, the

lead competent authority

2. Where the risk of forced

labour is located in the

territory of the Member

State, the lead competent

authority may conduct its

own inspections, in

accordance with national

law in compliance with

Union law. If needed, the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

may ask the cooperation of

other national authorities

relevant for the

implementation of this

regulation, such as labour,

health or fiscal authorities.

lead competent authority

may ask the cooperation of

other national authorities

relevant for the

implementation of this

regulation, such as labour,

health or fiscal authorities.

Article 18a(3)

R 208d

3. In cases where the risk

of forced labour is located

in the territory of a Member

State of which the

competent authority is not

the lead competent

authority, the lead

competent authority may

request that competent

authority to conduct an

inspection or to provide

information or verify

evidence provided by

economic operators in

accordance with Article

17(3) and (4).

3. Where the risk of forced

labour is located outside the

territory of the Union, the

Commission acting as lead

competent authority may

carry out all necessary

checks and inspections

provided that the economic

operators concerned give

their consent and that the

government of the third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Assistance from the

European External Action

Service may be requested,

as appropriate, to facilitate

such contacts. latest EP proposal

Article 18a(4)

G 208e G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

4. In cases where the risk

of forced labour is located

outside the territory of the

Union and the Commission

is not acting pursuant to

Article 10(3) or upon a

request pursuant to Article

14(2) or pursuant to Article

16(4)(b), the lead competent

authority may ask the

Commission to request the

government of the third

country where the risk of

forced labour is located to

conduct an inspection, to

provide relevant

information or verify

evidence provided by

economic operators.

deleted

Article 18a(5)

G 208f

4a. In cases where the risk

of forced labour is located

outside the territory of the

Union and the Commission

is acting pursuant to Article

10(3) or upon a request

pursuant to Article 14(2) or

pursuant to Article 16(4)(b),

it may request the

government of the third

country where the risk of

forced labour is located to

conduct an inspection, to

provide relevant

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information or verify

evidence provided by

economic operators.

Article 18a(6)

G 208g

4b. The Commission may

request assistance from the

European External Action

Service, as appropriate, to

facilitate such contacts.

deleted

Article 18a(7)

G 208h

5. The findings of the

inspections carried out

pursuant to paragraphs 3 ,

4 and 4a shall be

communicated through the

information and

communication system

referred to in Article 8(1).

deleted

Article 19

209

Article 19

Refusal to release for free

circulation or export

Article 19

Refusal to release for free

circulation or export

Moved to row 269a [209 - 269a]

Article 19(1)

210

1. Where the competent

authorities conclude that a

1. Where the Commission

or the competent authorities

Moved to row 269b [210 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

product that has been

notified to them in

accordance with Article 17

is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

conclude that a product that

has been notified to them in

accordance with Article 17

is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

269b]

Article 19(2), first subparagraph

211

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

Moved to row 269c [211 - 269c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 19(2), second subparagraph

212

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this

Regulation].

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this

Regulation].

Moved to row 269d [212 - 269d]

Chapter IIIa

G 212a

Chapter IV

Information systems,

guidelines and coordinated

enforcement

Moved reference text

Chapter IV

Information systems,

guidelines and coordinated

enforcementDecisions

Moved from row 220 [220 - 212a]

Chapter IV

Information systems,

guidelines and coordinated

enforcementDecisions

Text Origin: Council

Mandate

Article 19a

G 212b

Article 6

Decisions of competent

authorities

Moved reference text

Article 620

Decisions of competent

authoritiesthe Commission

Moved from row 121 [121 - 212b]

EP Article 6

Decisions of competent

authorities and the

Commission

Article 620

Decisions of competent

authorities

Text Origin: Council

Mandate

Article 19a(1)

R 212c

1. Competent authorities

shall assess all information

and evidence gathered

1. Once competent

authorities shall assess all

information and evidence

1. The Commission or

competent authorities shall

assess all information and

1. Lead competent

authorities shall assess all

information and evidence

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Articles 4 and 5

and, on that basis, establish

whether Article 3 has been

violated, within a reasonable

period of time from the date

they initiated the

investigation pursuant to

Article 5(1).

Moved reference text

gatheredacting as lead

competent authority have

finalised their investigations pursuant to Articles 4 and 5

and,Article 18(6), the

Commission shall establish on that basis, establish

whether Article 3 has been

violated whether the

products concerned have

been placed or made

available on the market or

are being exported in

violation of Article 3, within

a reasonable period of time

from the date they initiated

the investigation

pursuantreceived the

information from the

competent authorities

according to Article

5(1)18(6).

Paragraph 1a is reflected in line 212f (below)

Moved from row 122 [122 - 212c]

evidence gathered pursuant

to Articles 4 and 5 and, on

that basis, establish whether

Article 3 has been violated,

within a reasonable period

of time90 working days from

the date they initiated the

investigation pursuant to

Article 5(1), unless a duly

justified request for the

extension of the deadline in

Article 5(4) was accepted.

gathered pursuant to Articles

4 and 5Chapter III, and, on

that basis, establish whether

Article 3 has been violated,

the products concerned

have been placed or made

available on the market or

are being exported in

violation of Article 3,

[within 90 working

days/within a reasonable

period of timetime period]

from the date they initiated

the investigation pursuant to

Article 5(1)18(1).

Article 19a(2)

R 212d

2. Notwithstanding

paragraph 1, competent

authorities may establish that

Article 3 has been violated

on the basis of any other

2. Notwithstanding

paragraph 1, competent

authoritiesparagraphs 1 and

1a, where it was not

possible to gather

2. Notwithstanding

paragraph 1, the

Commission or competent

authorities may establish that

Article 3 has been violated

2. Notwithstanding

paragraph 1, the lead

competent authorities may

establish that Article 3 has

been violated on the basis of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

facts available where it was

not possible to gather

information and evidence

pursuant to Article 5(3) or

(6).

Moved reference text

information and evidence

pursuant to Article 15, 18(2)

or 19, the Commission may

establish that Article 3 has

been violatedthe products

concerned have been placed

or made available on the

basis of any other facts

available where it was not

possible to gather

information and evidence

pursuant to Article 5(3) or

(6)market or are being

exported in violation of

Article 3 on the basis of any

other relevant and verifiable

information.

Moved from row 123 [123 - 212d]

on the basis of any other

facts available where it was

not possible to gather

information and evidence

pursuant to Article 4(3) and

Article 5(3) or (6).

2a. Notwithstanding

paragraph 1, economic

operators shall demonstrate

that Article 3 has not been

violated in cases concerning

products coming from the

geographic area and the

economic sector listed in the

delegated act adopted

pursuant to Article 11a.

any other facts available

where it was not possible to

gather information and

evidence pursuant to

Chapter III, notably where:

a) an economic

operator refuses to provide

the information in response

to a request for information

within the time limit

prescribed by the lead

competent authority;

b) an economic

operator provides

incomplete, incorrect or

misleading information in

response to a request for

information;

c) an economic

operator otherwise impedes

the investigation;

d) an economic

operator refuses to submit

to the lead competent

authority’s inspection

within or outside the Union

ordered under Article 5(3)

or (6)[inspection within EU]

or Article [inspections

outside of the EU]; or

e) the third country in

which the inspections are to

take place raises objections

to an inspection ordered

under Article [inspections

outside of the EU].

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Chapeau of the paragraph is agreed, but not the following points.

Article 19a(3)

G 212e

3. Where competent

authorities cannot establish

that Article 3 has been

violated, they shall take a

decision to close the

investigation and inform the

economic operator thereof.

Moved reference text

3. Where competent

authoritiesthe Commission

cannot establish that the

products concerned have

been placed or made

available on the market or

are being exported in

violation of Article 3 has

been violated, they shall take

a decision to closeit shall

inform the economic

operators that have been

subject to the investigation

and the relevant competent

authorities. The

Commission shall inform all

competent authorities

through the information

and communication system

referred to in Article 8(1) .

Such information shall not

preclude competent

authorities to launch a new

investigation into the same

product and the economic

operator thereofin case new

relevant information arises.

Moved from row 124 [124 - 212e]

3. Where the Commission

or competent authorities

cannot establish that Article

3 has been violated, they

shall take a decision to close

the investigation and inform

the economic operator

thereof. The decision to

close the investigation shall

be without prejudice to the

adoption of a new decision

to open an investigation

under Article 5(1), in the

event that the Commission

or the competent authority

receive new information

pursuant to Article 4. Such

closed investigations shall

not appear in the database.

3. Where lead competent

authorities cannot establish

that the products concerned

have been placed or made

available on the market or

are being exported in

violation of Article 3, they

shall close the investigation

and inform the economic

operators that have been

subject to the investigation. has been violated, They shall

take a decision to close the

also inform all other

competent authorities

through the information

and communication system

referred to in Article 8(1).

Such(*) information shall

not preclude the launch of a

new investigation and

inform theinto the same

product and economic

operator thereofin case new

relevant information arises.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 19a(4)

G 212f

1a. Notwithstanding

paragraph 1, once the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2) or

pursuant to Article 16(4)(b)

has finalised its

investigation, it shall

establish on that basis

whether the products

concerned have been placed

or made available on the

market or are being

exported in violation of

Article 3, within a

reasonable period of time

from the date it received the

request pursuant to Article

14(2) or pursuant to Article

16(4)(b). This line should come after line 212c.

deleted

Article 19a(5)

G 212g

3a. Before adopting the

decision referred to in

paragraph 4, the

Commission shall

communicate its

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

preliminary findings to the

economic operators

concerned by the decision

and relevant competent

authorities. The concerned

economic operators may

submit their observations to

the Commission on their

preliminary finding, within

a time limit set by the

Commission, which shall

not be less than 30 working

days or, in case of

perishable goods, animals

and plants, not less than 5

working days. The

Commission may request

the support of the relevant

competent authorities. The

Commission shall base its

decisions referred to in

paragraph 4 only on

preliminary findings on

which economic operators

have been able to comment.

Article 19a(6)

R 212h

4. Where competent

authorities establish that

Article 3 has been violated,

they shall without delay

adopt a decision containing:

Moved reference text

4. Where competent

authorities establish that

Article 3 has been violated,

theythe Commission

establishes that the products

concerned have been placed

or made available on the

market or are being

4. Where the Commission

or competent authorities

establish that Article 3 has

been violated, they shall

without delay adopt a

decision containing:

4. Where lead competent

authorities establish that

Article 3 has been

violatedthe products

concerned have been placed

or made available on the

market or are being

exported in violation of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

exported in violation of

Article 3, it shall without

delay adopt an

implementing act in the

form of a decision

containing:

Moved from row 125 [125 - 212h]

Article 3, they shall without

delay adopt a decision

containing: [any of the

following]:

Article 19a(7)

G 212i

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

Moved reference text

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

Moved from row 126 [126 - 212i]

(a) a prohibition to place or

make the products or

product components

concerned available on the

Union market and to export

them;

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

Article 19a(8)

G 212j

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products that have

already been placed or made

available on the market;

Moved reference text

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant productsproducts

concerned that have already

been placed or made

available on the market

and/or to remove content

from an online interface

referring to the products or

listings of the products

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products or product

components that have

already been placed or made

available on the market;

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant productsproducts

concerned that have already

been placed or made

available on the market or to

remove content from an

online interface referring to

the products or listings of

the products concerned;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

concerned;

Moved from row 127 [127 - 212j]

Article 19a(9)

G 212k

economic operators that

have been subject to the

investigation to dispose of

the respective products in

accordance with national law

consistent with Union law.

Moved reference text

economic operators that

have been subject to the

investigation to dispose of

the respective products

concerned in accordance

with national law consistent

with Union lawArticle 24.

Moved from row 128 [128 - 212k]

economic operators that

have been subject to the

investigation to

i) if the products are

perishable, donate the

products concerned to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycle the

products concerned;

iii) where points (i) and

(ii) are not possible, dispose

of the respective products in

accordance with national law

consistent with Union law.

economic operators that

have been subject to the

investigation to dispose of

the respective

productsproducts concerned

in accordance with national

law consistent with Union

lawArticle 24 or, if the parts

of the product, which are

found to be in violation of

Article 3, are replaceable,

an order to dispose of the

respective parts of products.

Article 19a(10)

G 212l

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the competent authorities

shall ensure all of the

following:

deleted

Moved from row 129 [129 - 212l]

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the Commission or the

competent authorities shall

ensure all of the following:

5. Where an economic

operator has failed to

comply with the

decisionrelevant, the

prohibition referred to in

subparagraph (a) and the

order referred to in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

paragraph 4, the competent

authorities shall ensure all

of the

following:subparagraph (c)

shall identify the parts of

the product found to be in

violation of Article 3, which

must be replaced in order

for the product to be placed

or made available on the

market or exported.

Article 19a(10), point (a)

G 212m

(a) that it is prohibited to

place or make available the

products concerned on the

market;

Moved reference text

deleted

Moved from row 130 [130 - 212m]

(a) that it is prohibited to

place or make available the

products concerned on the

market;

deleted

Article 19a(10), point (b)

G 212n

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

Moved reference text

deleted

Moved from row 131 [131 - 212n]

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

deleted

Article 19a(10), point (c)

G 212o

(c) that any product

remaining with the economic

deleted

remaining with the economic

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operator concerned is

disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

Moved reference text

Moved from row 132 [132 - 212o]

operator concerned is

i) if the products are

perishable, donated to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycled;

iii) where points (i) and

(ii) are not possible, disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

Article 19a(11)

R 212p

6. Where economic

operators provide evidence

to the competent authorities

that they have complied with

the decision referred to in

paragraph 4, and that they

have eliminated forced

labour from their operations

or supply chain with respect

to the products concerned,

the competent authorities

shall withdraw their decision

for the future and inform the

economic operators.

Moved reference text

deleted

Moved from row 133 [133 - 212p]

6. Where economic

operators provide evidence

to the competent

authoritiesthe Commission

or competent authorities

establish that economic

operators have

demonstrated that they have

complied with the decision

referred to in paragraph 4,

and that they have

eliminated forced labour

from their operations or

supply chain with respect to

the products concerned and

that relevant forced labour

cases have been remediated,

the Commission or the

64aa. The lead competent

authority may, where

economic operators provide

evidence to the competent

authorities that they have

complied with the decision

referred to in paragraph 4,

and appropriate and having

due regard to potential

supply chain disruptions,

refrain from imposing an

order to dispose of the

product concerned, and

instead order the product

concerned to be withheld, at

the cost of the economic

operator. If economic

operators demonstrate that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

competent authorities shall

withdraw their decision for

the future and inform the

economic operators.

they have eliminated forced

labour from their operations

or supply chain with respect

to the products concerned,

the lead competent

authoritiesauthority shall

withdraw theirreview its

decision for the future and

inform the economic

operatorsreferred to in

paragraph 4 in accordance

with paragraph 7. [+ recital]

Article 19a(12)

R 212q

Those implementing acts

shall be adopted in

accordance with the

examination procedure

referred to in Article 33(2).

4a. Where the Commission

acts as lead competent

authority, decisions referred

to in paragraph 4 shall be

adopted by means of

implementing acts in the

form of a decision. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

The Commission shall

endeavour to adopt its

decision within 6 months

from the date it closed the

investigation pursuant to

Article 18(1).

Article 19a(13)

G 212r G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

5. The Commission shall

endeavour to adopt its

decision referred to in

paragraph 4 within 6

months from the

transmission of all

information and evidence

referred to in paragraph 1.

5. Lead competent

authorities shall notify the

final decision to all

economic operators to

which it is addressed and

communicate it to all

competent authorities,

through the information

and communication system

referred to in Article 8(1).

Article 19a(14)

G 212s

5a. The Commission shall

notify the final decision to

all economic operators to

which it is addressed and

communicate it to all

competent authorities,

through the information

and communication system

referred to in Article 8(1).

5a. Decisions taken

pursuant to paragraph 4 by

a competent authority in

one Member State shall be

recognised and enforced by

competent authorities in the

other Member States, in so

far as they relate to

products with the same

identification and from the

same supply chain for

which forced labour has

been found.

Article 19a(15)

Y 212t

7. The Commission may,

on its own initiative or upon

request by an economic

operator concerned by a

decision and who is able to

submit new information

Article 20a

Review of decisions adopted

regarding the violation of

Article 3

1. Lead competent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

that was not brought to the

attention of the competent

authority during the

investigation and included

in the file referred to in

paragraph 1, reconsider,

amend or repeal at any

moment a decision adopted

pursuant to Article 20(4) for

one of the following

reasons:

authorities shall provide

economic operators affected

by a decision adopted

pursuant to Article 20 with

the possibility of requesting

a review of that decision at

any time. The request for a

review shall contain

information which

demonstrates that the

products are placed or made

available on the market or

to be exported in

compliance with Article 3.

That information shall

contain new substantial

information that was not

brought to the attention of

the competent authority

during the investigation.

2. A lead competent

authority shall take a

decision on the request for

review within 30 working

days from the date of receipt

of the request.

Article 19a(15), point (a)

R 212u

(a) there has been a

substantial change in any of

the facts on which the

decision was based;

3. Where economic

operators have

demonstrated that they have

complied with the decision

referred to in Article 20,

and that they have

eliminated forced labour

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

from their operations or

supply chain with respect to

the products concerned

[and that relevant forced

labour cases have been

remediated], the lead

competent authority shall

withdraw its decision for the

future, inform the economic

operators and remove it

from the Forced Labour

Single Portal referred to in

Article 12.

4. Where the

Commission acts as lead

competent authority, the

withdrawal referred to in

paragraph 4 shall be

implemented via an

implementing act. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

On duly justified imperative

grounds of urgency relating

to the protection of rights of

defence and of property of

the economic operators

concerned, the Commission

shall adopt immediately

applicable implementing

acts in accordance with the

procedure referred to in

Article 33(4) [urgency

procedure]. [Those acts

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall remain in force for a

period not exceeding [XX

months*].

Article 19a(15), point (b)

Y 212v

(b) the decision was based

on incomplete, incorrect or

misleading information.

5. Economic operators that

have been affected by a

decision of a Member State

competent authority

pursuant to this Regulation

shall have access to a court

or a tribunal to review the

procedural and substantive

legality of the decision.

6. Paragraph 4 shall

be without prejudice to any

provision of national law

which requires that

administrative review

procedures be exhausted

prior to recourse to judicial

proceedings.

7. Decisions adopted

by Member State competent

authorities pursuant to this

Regulation are without

prejudice to any decisions

of a judicial nature taken by

national courts or tribunals

of the Member States with

respect to the same

economic operators or

products.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 20

213

Article 20

Measures on products

refused for release for free

circulation or export

Article 20

Measures on products

refused for release for free

circulation or export

deleted

Article 20, first paragraph

214

Where the release for free

circulation or export of a

product has been refused in

accordance with Article 19,

customs authorities shall

take the necessary measures

to ensure that the product

concerned is disposed of in

accordance with national law

consistent with Union law.

Articles 197 and 198 of

Regulation (EU) No

952/2013 shall apply

accordingly.

Where the release for free

circulation or export of a

product has been refused in

accordance with Article 19,

customs authorities in

cooperation with the

Commission or the

competent authorities shall

take the necessary measures

to ensure that the product

concerned is donated to

charitable or public interest

purposes if it is perishable.

If such products are not

perishable, they should be

recycled, and if that is not

possible, they should be disposed of in accordance

with national law consistent

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

Moved to row 269f [214 - 269f]

Article 20a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 214a

Article 7

Content of the decision

Moved reference text

Article 721

Content of the decision

Moved from row 134 [134 - 214a]

EP Article 7

Content of the decision

Article 721

Content of the decision

Text Origin: Council

Mandate

Article 20a, first paragraph

G 214b

1. The decision referred to

in Article 6(4) shall contain

all of the following:

Moved reference text

1. The decision referred to

in Article 6(4)20(4) shall

also contain all of the

following:

Moved from row 135 [135 - 214b]

1. The decision referred to

in Article 6(4) shall contain

all of the following:

1. The decision referred to

in Article 6(4)20 shall

contain all of the following:

Text Origin: Council

Mandate

Article 20, first paragraph, point (a)

G 214c

(a) the findings of the

investigation and the

information underpinning

the findings;

Moved reference text

(a) the findings of the

investigation and the

information underpinning

the findings;

Moved from row 136 [136 - 214c]

(a) the findings of the

investigation and the

information and evidence

underpinning the findings;

(a) the findings of the

investigation and the

information and evidence

underpinning the findings;

Text Origin: Auxiliary

Article 20, first paragraph, point (b)

R 214d

(b) a reasonable time limit

for the economic operators

to comply with the order,

which shall not be less than

30 working days and no

(b) a reasonable time

limitlimits for the economic

operators to comply with the

order, which shall not be less

than 30 working days and no

(b) a reasonable time limit

for the economic operators

to comply with the order,

which shall not be less than

30 working days and no

(b) a reasonable time

limitlimits for the economic

operators to comply with the

order, which shall not be less

than 30 working days and no

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the competent

authority shall take into

account the economic

operator’s size and economic

resources;

Moved reference text

longer than necessary to

withdraw the respective

productsfrom the date of

notification of the decision

referred to in Article 20(4).

When setting such a time

limit, the competent

authorityCommission shall

take into account the

economic operator’s size and

economic resources and the

availability of alternative

sources of supply. In case of

perishable goods, animals

and plants, the time limit

shall be no less than 10

working days and no longer

than necessary to withdraw

the products concerned and

to dispose of them;

Moved from row 137 [137 - 214d]

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the Commission

or the competent authority

shall take into account the

economic operator’s size and

economic resources,

including whether the

operator is an SME;

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the competent

authority shall take into

account the economic

operator’s size and economic

resources, including

whether the operator is an

SME. In case of perishable

goods, animals and plants,

the time limit shall be no

less than 10 working days

and no longer than

necessary to withdraw the

products concerned and to

dispose

of them;

Article 20, first paragraph, point (c)

G 214e

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or producer

and the product suppliers;

Moved reference text

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or producer

and the product suppliers;

Moved from row 138 [138 -

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer, producer,

production site, or producer

and the product suppliers;

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or, producer

and, the product suppliers

and, where appropriate,

production site;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

214e]

Text Origin: Auxiliary

Article 20, first paragraph, point (d)

G 214f

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved reference text

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.;

Moved from row 139 [139 - 214f]

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.;

Text Origin: Council

Mandate

Article 20, first paragraph, point (e)

G 214g

(e) information on the

possibilities for a judicial

review against a decision.

(e) information on the

possibilities for a judicial

review against a decision.

Text Origin: Council

Mandate

Article 20, first paragraph, point (f)

G 214h

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be provided

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be provided

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

Moved reference text

or made available to

customs authorities in

accordance with Article

16(3)26(3) to enable the

identification of products

requested by Article 25(4).

Those implementing acts

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29 33(2).

Moved from row 140 [140 - 214h]

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

or made available to

customs authorities in

accordance with Article

16(3)26(3) to enable the

identification of products

requested by Article 25(4).

Those implementing acts

shall be adopted in

accordance with the

examination procedure

pursuant to Article 2933(2).

Text Origin: Council

Mandate

Article 21

215

Article 21

Exchange of information and

cooperation

Article 21

Exchange of information and

cooperation

Moved to row 272a [215 - 272a]

Article 21(1)

216

1. To enable a risk-based

approach for products

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information.

1. To enable a risk-based

approach for products

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, the

Commission, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

Moved to row 272b [216 - 272b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

related information, in

which the Commission will

take on a coordination role.

Article 21(2)

217

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

Moved to row 272c [217 - 272c]

Article 21(2), point (a)

218

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

Moved to row 272d [218 - 272d]

Article 21(2), point (b)

219

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

Moved to row 272e [219 - 272e]

Chapter IV

220

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Chapter IV

Information systems,

guidelines and coordinated

enforcement

Chapter IV

Information systems,

guidelines and coordinated

enforcement

Moved to row 212a [220 - 212a]

Article 22

221

Article 22

Information and

communication systems

Article 22

Information and

communication systems

Moved to row 148a [221 - 148a]

Article 22(1)

222

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Moved to row 148b [222 - 148b]

Article 22(2)

223

2. The decisions

communicated pursuant to

Article 15(3) shall be

entered in the relevant

customs risk management

environment.

2. The decisions

communicated pursuant to

Article 15(3) shall be

entered in the relevant

customs risk management

environment.

Moved to row 148d [223 - 148d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 22(3)

224

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

years from the date of the

adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

yearsone year from the date

of the adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Moved to row 148e [224 - 148e]

Article 22(4)

225

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

Moved to row 148f [225 - 148f]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in paragraph 1.

Article 22(5)

226

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs and

competent authorities

pursuant to Articles 17 to 20

of this Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation XX/20XX]1

within four years from the

date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

_________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs, the

Commission and competent

authorities pursuant to

Articles 17 to 20 of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation XX/20XX]140

within fourtwo years from

the date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

__________________

1Established by the

Regulation on the EU

Single Window

Environment for Customs

(EU SWE-C).

Moved to row 148g [226 - 148g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

_________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

Article 22(6)

227

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Moved to row 148h [227 - 148h]

Article 22(7)

228

7. The Commission is

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

7. The Commission is

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

Moved to row 148i [228 - 148i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article, including:

Article 22(7), point (a)

229

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Moved to row 148j [229 - 148j]

Article 22(7), point (b)

230

(b) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

(b) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Moved to row 148k [230 - 148k]

Article 22(7), point (c)

231

transmitted between the

information and

communication system

referred to in paragraph 1

and the national single

transmitted between the

information and

communication system

referred to in paragraph 1

and the national single

Moved to row 148l [231 - 148l]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

window environments for

customs for the purposes of

paragraph 5;

window environments for

customs for the purposes of

paragraph 5;

Article 22(7), point (d)

232

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Moved to row 148m [232 - 148m]

Article 23

233

Article 23

Guidelines

Article 23

Guidelines

Moved to row 166b [233 - 166b]

Article 23, first paragraph

234

The Commission shall issue

guidelines no later than 18

months after the entry into

force of this Regulation,

which shall include the

following:

The Commission shall issue

guidelines no later than 1812

months after the entry into

forcebefore the date of

application of this

Regulation, which shall

include the following:

Moved to row 166c [234 - 166c]

Article 23, first paragraph, point (a)

235

(a) guidance on due

diligence in relation to

(a) guidance on due

diligence in relation to

Moved to row 166d [235 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

forced labour, which shall

take into account applicable

Union legislation setting out

due diligence requirements

with respect to forced

labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators;

forced labour, including

forced child labour, which

shall take into account

applicable Union legislation

setting out due diligence

requirements with respect to

forced labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators,

different types of suppliers

along the supply chain,

different sectors and the

particular risks associated

with forced labour imposed

by state authorities;

166d]

Article 23, first paragraph, point (aa)

235a

(aa) guidance on how to

submit information

pursuant to Article 10;

Article 23, first paragraph, point (ab)

235b

(ab) guidance for economic

operators and product

suppliers on how to engage

in dialogue with competent

authorities pursuant to

Articles 4 and 5;

Article 23, first paragraph, point (ac)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

235c

(ac) guidance for economic

operators on measures that

are suitable and effective

for bringing to an end

different types of forced

labour;

Article 23, first paragraph, point (b)

236

(b) information on risk

indicators of forced labour,

which shall be based on

independent and verifiable

information, including

reports from international

organisations, in particular

the International Labour

Organization, civil society,

business organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

(b) information on risk

indicators of forced labour,

including how to identify

them, which shall be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the International

Labour Organization, civil

society, business

organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Moved to row 166g [236 - 166g]

Article 23, first paragraph, point (c)

237

available information

sources of relevance for the

implementation of this

Regulation;

deleted

Moved to row 166h [237 - 166h]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 23, first paragraph, point (d)

238

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

Moved to row 166k [238 - 166k]

Article 23, first paragraph, point (e)

239

(e) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.

(e) guidance for competent

authorities on the practical

implementation of

application of Articles 4 and

5, Article 11, Article 16 and,

where appropriate, any other

provision laid down in

Chapter III of this

Regulation, including

benchmarks for assisting

competent authorities in

their risk-based assessments

of investigations and

guidelines on the applicable

standard of evidence and on

how to ensure that

economic operators can use

the official language of

their place of establishment.

Moved to row 166j [239 - 166j]

Article 23, first paragraph a

239a

The guidance referred to in

paragraph 1, point (a), shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

focus in particular on

assisting small and

medium-sized enterprises

(SMEs) and economic

operators outside the scope

of [Directive 20XX/XX/EU

on Corporate Sustainability

Due Diligence] in

complying with this

Regulation, and in

particular with regard to

cases referred to in Article

5(2), point (da).

Article 23, third paragraph

239b

Furthermore, the

Commission shall develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

Article 23, fourth paragraph

239c

National competent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities shall support

micro, small and medium-

sized enterprises (SMEs) by

organizing trainings on

forced labour risk

indicators and on

engagement with

authorities during

investigations, and set up a

hotline for questions related

to this Regulation.

Article 23, fifth paragraph

239d

The Commission shall

consult relevant

stakeholders and partners

when elaborating the

guidelines referred to in this

Article.

Article 23, sixth paragraph

239e

The guidelines shall be

consistent with guidelines

provided in accordance with

other relevant Union law.

Article 24

240

Article 24

Union Network Against

Forced Labour Products

Article 24

Union Network Against

Forced Labour Products

Moved to row 120c [240 - 120c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 24(1)

241

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

The Commission shall

coordinate the work of the

Network.

Moved to row 120d [241 - 120d]

Article 24(1a)

241a

1a. The Commission and

the Member States shall

ensure that the Network has

the necessary resources to

carry out the tasks referred

to in paragraph 3, including

sufficient budgetary and

other resources.

Article 24(2)

242

2. The Network shall be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

Moved to row 120e [242 - 120e]

Article 24(2a)

242a

2a. A representative from

the Commission shall chair

the meetings of the

Network.

Article 24(2b)

242b

2b. The Network shall have

a secretariat. It shall be

provided by the

Commission. The

secretariat shall organise

the meetings of the Network

and provide technical and

logistical support to the

Network.

Article 24(3)

243

3. The Network shall have

the following tasks:

3. The Network shall have

the following tasks:

Moved to row 120h [243 - 120h]

Article 24(3), point (a)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

244

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

Moved to row 120i [244 - 120i]

Article 24(3), point (b)

245

(b) conduct joint

investigations;

(b) conduct joint

investigations;

Moved to row 120k [245 - 120k]

Article 24(3), point (ba)

245a

(ba) commission research

and monitor situations of

systemic use of forced

labour;

Article 24(3), point (c)

246

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

Moved to row 120m [246 - 120m]

Article 24(3), point (ca)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

246a

(ca) facilitate capacity

building activities, such as

the organisation of training

programmes for competent

authorities and other

relevant stakeholders;

Article 24(3), point (cb)

246b

(cb) promote cooperation,

exchange of expertise,

exchanges of personnel and

voluntary mutual visit

programmes between

competent authorities and,

where appropriate, with the

authorities of partner third

countries or with

international organisations,

especially with the

authorities of low and lower

middle-income countries;

Article 24(3), point (cc)

246c

(cc) assist in the

organisation of information

campaigns about this

Regulation inside and

outside the Union;

Article 24(3), point (cd)

246d

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(cd) involve and organise

training for the diplomatic

representations of the

Union to assist in the

information gathering and

dissemination efforts of this

Regulation;

Article 24(3), point (d)

247

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation;

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation, and identify

discrepancies between

enforcement at the level of

different Member States;

Moved to row 120n [247 - 120n]

Article 24(3), point (e)

248

(e) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

traceability of products;

(e) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

traceability of products;

Moved to row 120r [248 - 120r]

Article 24(3), point (f)

249

(f) to promote the

cooperation and exchange of

expertise and best practices

(f) to promote the

cooperation and exchange of

expertise and best practices

Moved to row 120u [249 - 120u]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

between competent

authorities and customs

authorities;

between competent

authorities and customs

authorities, as well as

between those authorities

and competent authorities

of third countries and

international organisations,

including the World

Customs Organisation;

Article 24(3), point (fa)

249a

(fa) maintain regular

contact with the

Commission's relevant

services to receive

information from other

Union initiatives that

support the eradication of

forced labour and provide

relevant information about

the application of this

Regulation.

Article 24(4)

250

4. The Commission shall

support and encourage

cooperation between

enforcement authorities

through the Network and

participate in the meetings of

the Network.

4. The Commission shall

support and encourage

cooperation between

enforcement authorities

through the Network and

participate in the meetings

ofensure the effective and

uniform application of this

Regulation and to that

Moved to row 120v [250 - 120v]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

effect support and

encourage cooperation

between enforcement

authorities through the

Network.

Article 24(4a)

250a

4a. The Network may invite

experts and stakeholders,

including social partners

and other workers’

representatives, civil society

and human rights

organisations

representatives, businesses

representatives,

international organisations,

third countries’ competent

authorities, the European

Agency for Fundamental

Rights, the European

Labour Authority or other

Union agencies with

relevant expertise in the

areas covered by this

Regulation to attend

meetings of the Network or

to provide written

contributions. Where

appropriate, diplomatic

representations of the

Union, particularly based in

countries with regions

identified having a high risk

of forced labour occurring,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall also be involved in the

work of this Network.

Article 24(4b)

250b

4b. The Network shall meet

at regular intervals and,

where necessary, at the duly

motivated request of the

Commission or a Member

State.

Article 24(5)

251

5. The Network shall

establish its rules of

procedure.

5. The Network shall

establish its rules of

procedure.

Moved to row 120z [251 - 120z]

CHAPTER V

G 252

CHAPTER V

Final provisions

CHAPTER V

Final provisions

CHAPTER V

Final

provisionsEnforcement

Final provisions Chapter moved to Chapter VI

CHAPTER V

Final

provisionsEnforcement

Text Origin: Council

Mandate

Title I

G 252a

Title I

Competent authorities

Section I

Competent authorities

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 24a

G 252b

Article 22

Enforcement of the

decisions by competent

authorities

Article 22

Enforcement of the

decisions by competent

authorities

Text Origin: Council

Mandate

Article 24a(1), first subparagraph

G 252c

1. Where within the

reasonable time limit

referred to in Article

21(1)(b) an economic

operator has failed to

comply with the decision

referred to in Article 20(4),

the competent authorities

shall be responsible of the

enforcement of the decision

and shall ensure all of the

following:

1. Where within the

reasonable time limit

referred to in Article

21(1)(b) an economic

operator has failed to

comply with the decision

referred to in Article 20(4),

the competent authorities

shall be responsible of the

enforcement of the decision

and shall ensure all of the

following:

Text Origin: Council

Mandate

Article 24a(1), first subparagraph, point (a)

G 252d

(a) that it is prohibited to

place or make available the

products concerned on the

Union market [and to

(a) that it is prohibited to

place or make available the

products concerned on the

Union market and to export

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

export them];

them;

Text Origin: Council

Mandate

Article 24a(1), first subparagraph, point (b)

G 252e

(b) that the products

concerned already placed or

made available on the

market are withdrawn from

the Union market by

relevant authorities, in

accordance with Union and

national laws;

(b) that the products

concerned already placed or

made available on the

market are withdrawn from

the Union market by

relevant authorities, in

accordance with Union and

national laws;

Text Origin: Council

Mandate

Article 24a(1), first subparagraph, point (c)

G 252f

(c) that the products

concerned remaining with

the economic operator are

disposed of in accordance

with Article 24, at the

expense of the economic

operator;

(c) that the products

concerned remaining with

the economic operator are

disposed of in accordance

with Article 24, at the

expense of the economic

operator;

Text Origin: Council

Mandate

Article 24a(1), second subparagraph

G 252g

(d) that access to the online

interface displaying the

(d) that access to the

products and to listings

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

content referring to the

products concerned is

restricted by requesting the

relevant third party to

implement such measures.

referring to the products

concerned is restricted by

requesting the relevant third

party to implement such

measures;

Article 24a(2)

G 252h

2. If the economic operator

has failed to comply with

the decision, the competent

authority shall impose

either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties on the

economic operator pursuant

to Article 34.

2. If the economic operator

has failed to comply with

the decision, the competent

authority shall impose

either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties on the

economic operator pursuant

to Article 34.

Text Origin: Council

Mandate

Article 24b

G 252i

Article 23

Withdrawal of products

made with forced labour

Article 23

Withdrawal of products

made with forced labour

Text Origin: Council

Mandate

Article 24b(1)

G 252j

1. Any decision to order the

1. Any decision to order the G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

withdrawal of the products

already placed or made

available on the Union

market and their disposal

referred to in Article 20(4)

shall be communicated,

through the information

and communication system

referred to in Article 8(1), to

the Market surveillance

authorities as referred to in

Article 10 of Regulation

(EU) 2019/1020 or the other

authorities relevant for the

product concerned.

withdrawal of the products

already placed or made

available on the Union

market and their disposal

referred to in Article 20(4)

shall be communicated,

through the information

and communication system

referred to in Article 8(1), to

the Market surveillance

authorities as referred to in

Article 10 of Regulation

(EU) 2019/1020 or the other

authorities relevant for the

product concerned.

Text Origin: Council

Mandate

Article 24b(2)

G 252k

2. The enforcement of the

withdrawal of products

shall be of the responsibility

of the competent authority,

in coordination with any

other relevant authorities

for the product concerned.

2. The enforcement of the

withdrawal of products

shall be of the responsibility

of the competent authority,

in coordination with any

other relevant authorities

for the product concerned.

Text Origin: Council

Mandate

Article 24c

G 252l

Article 24

Disposal of products made

Article 24c

Disposal of products made

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with forced labour

Text Origin: Council

Mandate

Article 24c(1)

G 252m

1. In line with the waste

hierarchy set out in

Directive 2008/98/EC,

economic operators and

competent authorities

responsible for the disposal

of products, pursuant to

Article 20(4)c shall include

at least one of the following

measures that have to be

considered in that order:

1. In line with the waste

hierarchy set out in

Directive 2008/98/EC,

economic operators and

Member States competent

authorities responsible for

the disposal of products,

pursuant to Article 20(4)c

shall dispose of the products

concerned by recycling

them or, when that is not

possible, by rendering those

products inoperable. In case

of perishable products, the

disposal shall be done by

donating the products

concerned for charitable or

public interest purposes or,

when that is not possible, by

rendering those products

inoperable.

Chapter I

G 252n

(a) donation of the

products concerned for

charitable or public interest

purposes;

i) if the products are

perishable, donated to

charitable organisations or

organisations that benefit

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

public interest;

Chapter II

G 252o

(aa) recycling of the

products;

ii) if the products are

not perishable, recycled;

deleted

Chapter III

G 252p

(c) rendering the products

concerned inoperable.

iii) where points (i) and

(ii) are not possible,

disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

deleted

Text Origin: Council

Mandate

Title II

G 252q

Title II

Customs authorities

Section II

Customs authorities

Text Origin: Council

Mandate

Article 25

G 253

Article 25

Confidentiality

Article 25

Confidentiality

Original Article 25 (from EP and Commission) moved to line 253h. Below lines are New Article 25 from the Council

Article 25

ConfidentialityControls by

customs authorities

EP Article 2515

Confidentiality

Controls

Article 25

ConfidentialityControls by

customs authorities

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 25(-1)

G 253a

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this Chapter.

Moved reference text

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this ChapterTitle.

Moved from row 189 [189 - 253a]

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this Chapter.

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this

ChapterSection.

Text Origin: Council

Mandate

Article 25(-1a)

G 253b

3. The competent authority

shall without delay, where

no request for a review has

been introduced within the

time limits referred in

Article 8(1) or the decision

is definitive in case of a

request for a review as

referred to in Article 8(3),

communicate to the customs

authorities of Member

States:

Moved reference text

3. The competent

authorityCommission shall

without delay, where no

request for a review has

been introduced within the

time limits referred in

Article 8(1) or the decision

is definitive in case of a

request for a review as

referred to in Article 8(3),

communicate to the customs

authorities of Member

States:communicate to the

customs authorities of

Member States, decisions to

prohibit the placing or

making available of the

products on the Union

market and their export,

pursuant to Article 20(4).

3. The Commission or the

competent authority shall

without delay, where no

request for a review has been

introduced within the time

limits referred in Article 8(1)

or the decision is definitive

in case of a request for a

review as referred to in

Article 8(3), communicate to

the customs authorities of

Member States:

3. [The leadThe competent

authority] shall without

delay, where no request for

a review has been

introduced within the time

limits referred in Article 8(1)

or the decision is definitive

in case of a request for a

review as referred to in

Article 8(3), communicate to

the customs authorities of

Member States:

communicate to the customs

authorities of Member

States definitive decisions to

prohibit the placing or

making available of the

products on the Union

market and their export,

pursuant to Article 20[(4)].

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 191 [191 - 253b]

Article 25(-1b)

G 253c

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

Moved reference text

2. The application of this

ChapterTitle is without

prejudice to any other Union

legislation governing the

release for free circulation

or export of products, in

particular Articles 46, 47,

134 and 267 oflegal acts

governing customs risk

management, customs

controls and the release for

free circulation of goods

and export, under Regulation (EU) No

952/2013.

Moved from row 190 [190 - 253f]

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

2. The application of this

ChapterSection is without

prejudice to any other Union

legislation governing the

release for free circulation

or export of products, in

particular Articles 46, 47,

134 and 267 oflegal acts

governing customs risk

management, customs

controls and the release for

free circulation of goods

and export, under Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Article 25(-1c)

G 253d

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013.

Moved reference text

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47

ofbased on risk

management as laid down

in Regulation (EU) No

952/2013.

Moved from row 194 [194 - 253c]

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013. The Commission

and Member States shall

ensure that the customs

authorities have sufficient

resources to carry out these

controls.

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47

ofbased on risk

management as laid down

in Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Article 25(-1c), point (a)

G 253e

(a) any decision to prohibit

the placing or making

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

Moved reference text

deleted

Moved from row 192 [192 - 253d]

(a) any decision to prohibit

the placing or making

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

deleted

Article 25(-1c), point (b)

G 253f

(b) any decision following

the review referred to in

Article 8(3).

Moved reference text

deleted

Moved from row 193 [193 - 253e]

(b) any decision following

the review referred to in

Article 8(3).

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 25(-1d)

G 253g

5. The competent authority

shall without delay

communicate to the customs

authorities of Member States

a withdrawal of the decision

referred to in Article 6(6).

Moved reference text

5. The competent

authorityCommission shall

without delay communicate

to the customs authorities of

Member States aany

withdrawal of the decision

referred to in Article

6(6)20(4) pursuant to

Article 20(8).

Moved from row 195 [195 - 253g]

5. The Commission or the

competent authority shall

without delay communicate

to the customs authorities of

Member States a withdrawal

of the decision referred to in

Article 6(6).

5. [The leadThe competent

authority] shall without

delay communicate to the

customs authorities of

Member States aany

withdrawal, as well as any

changes of a definitive of

the decision referred to in

Article 6(6)20[(4)] pursuant

to [Article 20a].

Article 25(-1e)

R 253h

4a. [The Commission and

Member States shall ensure

that the customs authorities

have sufficient resources to

carry out these controls. ]

Article 25(-1)

253i

EP Article 25

Confidentiality

Article 25(1)

254

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

Moved to row 273a [254 - 273a]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of applying this Regulation.

Article 25(2)

255

2. Where requested, the

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the

information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

2. Where requested, The

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the,

unless stated otherwise by

those who provide information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

Moved to row 273c [255 - 273c]

Article 25(3)

256

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

Moved to row 273d [256 - 273d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Article 25a

G 256a

Article 16

Information to be made

available to customs

authorities

Moved reference text

Article 1626

Additional information to be

provided or made available

to customs authorities

Moved from row 196 [196 - 256a]

EP Article 16

Information to be made

available to customs

authorities

Article 1626

Additional information to be

provided or made available

to customs authorities

Text Origin: Council

Mandate

Article 25a(1)

G 256b

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 2731 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities. The products or

product group concerned

shall be chosen on a risk-

based approach, building

amongst others, on the basis

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 2731 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f.

The products or product

group concerned shall be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and communication system

referred to in Article 22(1).

Moved reference text

ofinformation available in

the database referred to in

Article 11 or f9, on the

decisions taken on the basis

of Article 20(4), on information exchanged in

the Union Network Against

Forced Labour Products

and onand decisions

encoded in the information

and communication system

referred to in Article

22(1)8(1).

Moved from row 197 [197 - 256b]

and communication system

referred to in Article 22(1).

chosen following a

proportionate approach,

building, amongst others,

on the information and

decisionsavailable in the

database, information encoded in the information

and communication system,

and substantiated

information exchanged in

the Union Network Against

Forced Labour Products referred to in Article 22(1).

Article 25a(2)

G 256c

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

2. Customs authorities shall

be provided with information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1The person

intending to place a product

covered by a delegated act

adopted pursuant to

paragraph 1 of this Article

under the customs

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

2. Customs authorities shall

be provided with information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1The person

intending to place a product

covered by a delegated act

adopted pursuant to

paragraph 1 of this Article

under the customs

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(EU) No 952/2013.

Moved reference text

procedures ‘release for free

circulation’ or ‘export’

shall provide or make

available to customs

authorities information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers,

unless the provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved from row 198 [198 - 256c]

(EU) No 952/2013.

procedures ‘release for free

circulation’ or ‘export’

shall provide or make

available to customs

authorities information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers,

unless the provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

Text Origin: Council

Mandate

Article 25a(3)

G 256d

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

Moved reference text

3. The Commission may

adopt implementing acts

further specifyingspecifying

the detailed arrangements

for implementing

paragraphs 1 and 2 of this

Article, and defining the

details of the information to

be provided or made

available to customs

authorities pursuant to

paragraph 1.

Moved from row 199 [199 -

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

3. The Commission may

adopt implementing acts

further specifyingspecifying

the detailed arrangements

for implementing

paragraphs 1 and 2 of this

Article, and defining the

details of the information to

be provided or made

available to customs

authorities pursuant to

paragraph 1.

Text Origin: Council

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

256d]

Mandate

Article 25a(4)

G 256e

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

Moved reference text

4. TheThose implementing

acts referred to in paragraph

3 shall be adopted in

accordance with the

examination procedure

pursuant to Article 2933(2).

Moved from row 200 [200 - 256e]

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

4. TheThose implementing

acts referred to in paragraph

3 shall be adopted in

accordance with the

examination procedure

pursuant to Article 2933(2).

Text Origin: Council

Mandate

Article 25a(5)

G 256f

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

Moved reference text

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4)20(4), in order

for the customs authorities to

be able to act immediately

on that specific product, the

procedure provided for in

Article 2832 shall apply to

delegated acts adopted

pursuant to this

Articleparagraph 1.

Moved from row 201 [201 - 256f]

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4)20(4), in order

for the customs authorities to

be able to act immediately

on that specific product, the

procedure provided for in

Article 2832 shall apply to

delegated acts adopted

pursuant to this

Articleparagraph 1.

Text Origin: Council

Mandate

Article 25b

G 256g G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 17

Suspension

Moved reference text

Article 1727

Suspension

Moved from row 202 [202 - 256g]

EP Article 17

Suspension

Article 1727

Suspension

Text Origin: Council

Mandate

Article 25b, first paragraph

G 256h

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Moved reference text

Where customs authorities

identify, through their

relevant risk management

system, a product entering or

leaving the Union market

that may, in accordance

withaccording to a decision

receivedcommunicated

pursuant to Article

15(3)25(3), be in violation of

Article 3, they shall suspend

the release for free

circulation or the export of

that product. Customs

authorities shall immediately

notify the relevant

competent authorities of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3)25(3).

Moved from row 203 [203 - 256h]

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities or the

Commission of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Where customs authorities

identify, through their

relevant risk management

system, a product entering or

leaving the Union market

that may, in accordance

withaccording to a decision

receivedcommunicated

pursuant to Article

15(3)25(3), be in violation of

Article 3, they shall suspend

the release for free

circulation or the export of

that product. Customs

authorities shall immediately

notify the relevant

competent authorities of

their respective Member

State of the suspension and

transmit all relevant

information to enable them

to establish whether the

product is covered by a

decision communicated

pursuant to Article

15(3)25(3).

Text Origin: Council

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Mandate

Article 26

257

Article 26

International Cooperation

Article 26

International Cooperation

Moved to row 179a [257 - 179a]

Article 26(1)

258

1. In order to facilitate

effective implementation

and enforcement of this

Regulation, the Commission

may as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives

and business organisations.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

1. In order to facilitate

effective implementation

and enforcement of this

Regulation, the Commission

mayshall as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives,

including trade unions,

workers’ rights

organisations, NGOs and

networks of affected

stakeholders, and business

organisations and other

relevant stakeholders,

through new and existing

dialogue structures.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

Moved to row 179b [258 - 179b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis,

and shall, where

appropriate, facilitate the

exchange of information on

investigations, including the

reasons and evidence for

decisions taken to ban

products from their

jurisdictions. The

Commission shall have

regular contact and

cooperation in particular

with third countries that

have similar laws in place,

to share information on risk

products or regions as well

as best practices for

bringing forced labour to

an end.

Article 26(1a)

258a

1a. Cooperation with third

countries shall be integrated

with other Union policies

and instruments that

include measures to

eradicate forced labour,

including trade agreements,

the Generalised Scheme of

Preferences, and

development cooperation

projects led by the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Commission.

Article 26(1b)

258b

1b. The Commission and

Member States shall

develop cooperation and

partnership mechanisms

with third countries to

address the root causes of

forced labour, prevent and

eliminate forced labour

practices, and build the

capacity of upstream

economic actors to respond

to the requirements set out

in this Regulation.

Article 26(2)

259

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

the Union developing

accompanying measures to

support the efforts of

companies and partner

countries efforts and locally

available capacities in

tackling forced labour.

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

the Union developing

accompanying measures to

support the efforts of

companies, and in

particular SMEs, civil

society organisations, and

partner countries' efforts and

Moved to row 179e [259 - 179e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

locally available capacities

in tackling forced labour and

its root causes.

Article 26a

259a

Article 26a

Amendment of Directive

(EU) 2019/1937

In Part I.C.1 of the Annex

to Directive (EU)

2019/1937, the following

point is added:

‘(iv) Regulation (EU)

XXXX/XXXX of the

European Parliament and

of the Council of [date] on

prohibiting products made

with forced labour on the

Union market and

amending Directive (EU)

2019/1937.’

Article 27

260

Article 27

Delegated Acts and Exercise

of the Delegation

Article 27

Delegated Acts and Exercise

of the Delegation

Moved to row 276c [260 - 276c]

Article 27(1)

261

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

Moved to row 276d [261 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

on the Commission subject

to the conditions laid down

in this Article.

on the Commission subject

to the conditions laid down

in this Article.

276d]

Article 27(2)

262

2. The power to adopt

delegated acts referred to in

Article 16(1) shall be

conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

2. The power to adopt

delegated acts referred to in

Article 11a, Article 16(1),

and in Article 30(4)16(1)

shall be conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

Moved to row 276e [262 - 276e]

Article 27(3)

263

3. The delegation of power

referred to in Article 16(1)

may be revoked at any time

by the European Parliament

or by the Council. A

decision to revoke shall put

an end to the delegation of

the power specified in that

decision. It shall take effect

the day following the

publication of the decision in

the Official Journal of the

European Union or at a later

date specified therein. It

shall not affect the validity

of any delegated acts already

in force.

3. The delegation of power

referred to in Article 11a,

Article 16(1) and in Article

30(4)16(1) may be revoked

at any time by the European

Parliament or by the

Council. A decision to

revoke shall put an end to

the delegation of the power

specified in that decision. It

shall take effect the day

following the publication of

the decision in the Official

Journal of the European

Union or at a later date

specified therein. It shall not

affect the validity of any

Moved to row 276f [263 - 276f]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

delegated acts already in

force.

Article 27(4)

264

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Moved to row 276g [264 - 276g]

Article 27(5)

265

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Moved to row 276h [265 - 276h]

Article 27(6)

266

6. A delegated act adopted

pursuant to Article 16(1)

6. A delegated act adopted

pursuant to Article 11a,

Moved to row 276i [266 - 276i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall enter into force only if

no objection has been

expressed either by the

European Parliament or the

Council within a period of

two months of notification

of that act to the European

Parliament and the Council

or if, before the expiry of

that period, the European

Parliament and the Council

have both informed the

Commission that they will

not object. That period shall

be extended by two months

at the initiative of the

European Parliament or of

the Council.

Article 16(1) and in Article

30(4)16(1) shall enter into

force only if no objection

has been expressed either by

the European Parliament or

the Council within a period

of two months of

notification of that act to the

European Parliament and the

Council or if, before the

expiry of that period, the

European Parliament and the

Council have both informed

the Commission that they

will not object. That period

shall be extended by two

months at the initiative of

the European Parliament or

of the Council.

Article 27a

G 266a

Article 18

Release for free circulation

or export

Moved reference text

Article 1828

Release for free circulation

or export

Moved from row 204 [204 - 266a]

EP Article 18

Release for free circulation

or export

Article 1828

Release for free circulation

or export

Text Origin: Council

Mandate

Article 27a(1)

G 266b

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Moved reference text

1727, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Moved from row 205 [205 - 266b]

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

1727, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Text Origin: Council

Mandate

Article 27a(1), point (a)

G 266c

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Moved reference text

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Moved from row 206 [206 - 266c]

(a) within 4 working days of

the suspension, if the

Commission or the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Text Origin: Council

Mandate

Article 27a(1), point (b)

G 266d

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

(b) the Commission or the

competent authorities

informed the customs

authorities of their approval

for release for free

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to this Regulation.

Moved reference text

pursuant to this Regulation.

Moved from row 207 [207 - 266d]

circulation or export

pursuant to this Regulation.

Text Origin: Commission

Proposal

Article 27a(2)

G 266e

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

Moved reference text

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

Moved from row 208 [208 - 266e]

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

Text Origin: Commission

Proposal

Article 28

267

Article 28

Urgency procedure

Article 28

Urgency procedure

Moved to row 276j [267 - 276j]

Article 28(1)

268

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

Moved to row 276k [268 - 276k]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

reasons for the use of the

urgency procedure.

reasons for the use of the

urgency procedure.

Article 28(2)

269

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Moved to row 276l [269 - 276l]

Article 28a

G 269a

Article 19

Refusal to release for free

circulation or export

Moved reference text

Article 1929

Refusal to release for free

circulation or export

Moved from row 209 [209 - 269a]

Article 19

Refusal to release for free

circulation or export

Article 1929

Refusal to release for free

circulation or export

Text Origin: Council

Mandate

Article 28a(1)

G 269b

1. Where the competent

authorities conclude that a

product that has been

notified to them in

accordance with Article 17

1. Where the competent

authorities conclude that a

product that has been

notified to them in

accordance with Article

1. Where the Commission

or the competent authorities

conclude that a product that

has been notified to them in

accordance with Article 17 is

1. Where the competent

authorities conclude that a

product that has been

notified to them in

accordance with Article

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

Moved reference text

1727 is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4)20(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

Moved from row 210 [210 - 269b]

a product made with forced

labour pursuant to a decision

referred to in Article 6(4),

they shall require customs

authorities not to release it

for free circulation nor to

allow its export.

1727 is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4)20, they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

Text Origin: Council

Mandate

Article 28a(2)

G 269c

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article

22(1)8(1) and notify the

customs authorities

accordingly. Upon such

notification, customs

authorities shall not allow

the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article

22(1)8(1) and notify the

customs authorities

accordingly. Upon such

notification, customs

authorities shall not allow

the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 211 [211 - 269e]

Text Origin: Council

Mandate

Article 28a(3)

G 269d

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this

Regulation].

Moved reference text

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this Regulation].

Moved from row 212 [212 - 269f]

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this Regulation].

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this Regulation].

Text Origin: Commission

Proposal

Article 28a(4)

G 269e

Where the release for free

circulation or export of a

product has been refused in

accordance with Article 19,

customs authorities shall

take the necessary measures

to ensure that the product

concerned is disposed of in

accordance with national law

consistent with Union law.

Articles 197 and 198 of

Regulation (EU) No

952/2013 shall apply

accordingly.

Moved reference text

3. Where the release for free

circulation or export of a

product has been refused in

accordance with Article

19paragraph 1, customs

authorities shall take the

necessary measures to

ensure thatdispose of the

product concerned is

disposed of in accordance

with national law

consistentin compliance

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

EP 20. Where the release

for free circulation or export

of a product has been

refused in accordance with

Article 19, customs

authorities in cooperation

with the Commission or the

competent authorities shall

take the necessary measures

to ensure that the product

concerned is donated to

charitable or public interest

purposes if it is perishable.

If such products are not

perishable, they should be

recycled, and if that is not

possible, they should be

3. Where the release for free

circulation or export of a

product has been refused in

accordance with Article

19paragraph 1, customs

authorities shall take the

necessary measures to

ensure thatdispose of the

product concerned is

disposed of in accordance

with national law

consistentin compliance

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 214 [214 - 269c]

disposed of in accordance

with national law consistent

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

This paragraph is EP Article 20

Text Origin: Council

Mandate

Article 28a(5)

G 269f

4. Upon request of a

competent authority and on

behalf and under the

responsibility of that

competent authority,

customs authorities may

alternatively seize that

product and put it at the

disposal of and under the

authority of that competent

authority. In such cases,

that competent authority

shall take the necessary

measures to ensure that the

product concerned is

disposed of in accordance

with Article 24.

4. Upon request of a

competent authority and on

behalf and under the

responsibility of that

competent authority,

customs authorities may

alternatively seize that

product and put it at the

disposal of and under the

authority of that competent

authority. In such cases,

that competent authority

shall take the necessary

measures to ensure that the

product concerned is

disposed of in accordance

with Article 24.

Text Origin: Council

Mandate

Article 29

270

Article 29

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Committee procedure

Moved to row 276m [270 - 276m]

Article 29(1)

271

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Moved to row 276n [271 - 276n]

Article 29(2)

272

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Moved to row 276o [272 - 276o]

Article 29a

G 272a

Article 21

Exchange of information and

cooperation

Moved reference text

Article 2129a

Exchange of information and

cooperation

Moved from row 215 [215 - 272a]

EP Article 21

Exchange of information and

cooperation

Article 2129a

Exchange of information and

cooperation

Text Origin: Council

Mandate

Article 29a(1)

G 272b

1. To enable a risk-based

approach for products

1. To enable a risk-based

approachanalysis for

1. To enable a risk-based

approach for products

1. To enable a risk-based

approachanalysis for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information.

Moved reference text

products entering or leaving

the Union market and to

ensure that controls are

effective and performed in

accordance with the

requirements of this

Regulation, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information.

Moved from row 216 [216 - 272b]

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, the

Commission, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information, in

which the Commission will

take on a coordination role.

products entering or leaving

the Union market and to

ensure that controls are

effective and performed in

accordance with the

requirements of this

Regulation, the

Commission, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information, in

which the Commission will

take on a coordination role.

Text Origin: Auxiliary

Article 29a(2)

G 272c

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

Moved reference text

2. Cooperation among

authorities and exchange of

riskrisk-related information

necessary for the fulfilment

of their respective functions

under this Regulation,

including through electronic

means, shall take place

between the following

authoritiesin accordance

with Regulation (EU) No

952/2013:

Moved from row 217 [217 - 272c]

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

2. Cooperation among

authorities and exchange of

riskrisk-related information

necessary for the fulfilment

of their respective functions

under this Regulation,

including through electronic

means, shall take place

between the following

authoritiesin accordance

with Regulation (EU) No

952/2013:

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 29a(2), point (a)

G 272d

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

Moved reference text

(a) between customs

authorities in accordance

with Article 46(5) of

Regulation (EU) No

952/2013;

Moved from row 218 [218 - 272d]

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

(a) between customs

authorities in accordance

with Article 46(5) of

Regulation (EU) No

952/2013;

Text Origin: Council

Mandate

Article 29a(2), point (b)

G 272e

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

Moved reference text

(b) between competent

authorities and customs

authorities in accordance

with Article 47(2) of

Regulation (EU) No

952/2013.

Moved from row 219 [219 - 272e]

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

(b) between competent

authorities and customs

authorities in accordance

with Article 47(2) of

Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Chapter I

G 272f

Chapter VI

Final provisions

Chapter VI

Final provisions

Text Origin: Council

Mandate

Article 30

G 273

Article 30

EP Article 3025

Article 30 G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Penalties

Original Article 30 (from EP and Commission) moved to line 273e. Below lines are New Article 30 from the Council

Penalties Confidentiality

Text Origin: Council

Mandate

Article 30(-1)

G 273a

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation.

Moved reference text

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation,

unless otherwise required

by EU or national law in

compliancewith Union law..

Moved from row 254 [254 - 273a]

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation.

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation,

unless otherwise required

by EU or national law in

compliance with Union

law..

Text Origin: Council

Mandate

Article 30(-1a)

G 273b

2. Member States and the

Commission, their officials

and other persons working

under their supervision

shall ensure the protection

of confidential information

acquired in application of

this Regulation in

accordance with the

relevant applicable rules.

To that end, they shall not

deleted

COM to redraft

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

disclose information

covered by the obligation of

professional secrecy that

they have acquired

pursuant to this Regulation.

Article 30(-1b)

G 273c

2. Where requested, the

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the

information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

Moved reference text

23. Where requested, the

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential, in accordance

with EU or national law in

compliance with Union law.

A request for confidentiality

shall be accompanied by a

non-confidential summary of

the information supplied or

by a statement of the reasons

why the information cannot

be summarised in a non-

confidential manner.

Moved from row 255 [255 - 273c]

2. Where requested, The

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the,

unless stated otherwise by

those who provide information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

2. Where requested, The

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the

information supplied or by a

statement of the reasons

why, in accordance with EU

or national law in

compliance with Union law,

unless stated otherwise by

those who provided the

information cannot be

summarised in a non-

confidential manner.

Article 30(-1c)

G 273d

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

34. Paragraph 2 shall not

preclude the Commission

from disclosing general

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Moved reference text

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Moved from row 256 [256 - 273d]

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Text Origin: Auxiliary

Article 30(-1)

273e

EP Article 20

Penalties

Article 30(1)

274

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

Moved to row 276v [274 - 276v]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30(2)

275

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

2. The penalties provided

for shall take the form of

pecuniary fines and be

effective, proportionate and

dissuasive.

Moved to row 276w [275 - 276w]

Article 30(3)

276

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

Moved to row 276u [276 - 276u]

Article 30(3a)

276a

3a. The Commission shall

be empowered to adopt

delegated acts in

accordance with Article 27

in order to supplement this

Regulation by establishing

further detailed conditions

applicable to the penalties

referred to in paragraph 1,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

defining the method for

calculating financial

penalties and the thresholds

applicable, when such

penalties are to be used, and

specifying mitigating and

aggravating circumstances.

The first delegated act shall

be adopted by ... [6 months

from the entry into force of

this Regulation].

Article 30a

G 276b

Article 34

Penalties

EP Article 30

Penalties

Article 34

Penalties

Text Origin: Council

Mandate

Article 30a(1)

G 276c

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

Moved reference text

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article

6(4)20(4) and shall take all

measures necessary to

ensure that they are

implemented in accordance

with national law.

Moved from row 274 [274 - 276c]

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)20

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30a(2)

G 276d

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

Moved reference text

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

Competent authorities shall

ensure that the penalties

referred to in paragraph 1

give due regard to the

following, as applicable: Moved from row 275 [275 - 276d]

2. The penalties provided

for shall take the form of

pecuniary fines and be

effective, proportionate and

dissuasive.

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

Competent authorities shall

ensure that the penalties

referred to in paragraph 1

give due regard to the

following, as applicable:

Text Origin: Council

Mandate

Article 30a(2), point (a)

G 276e

(a) the gravity and duration

of the infringement;

(a) the gravity and duration

of the infringement;

Text Origin: Council

Mandate

Article 30a(2), point (b)

G 276f

(b) any relevant previous

infringements by the

economic operator;

(b) any relevant previous

infringements by the

economic operator;

Text Origin: Council

Mandate

Article 30a(2), point (c)

G 276g G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(c) the degree of

cooperation with the

competent authorities;

(c) the degree of

cooperation with the

competent authorities;

Text Origin: Council

Mandate

Article 30a(2), point (d)

G 276h

(d) any other mitigating or

aggravating factor

applicable to the

circumstances of the case,

such as financial benefits

gains, or losses avoided,

directly or indirectly, from

the infringement.

(d) any other mitigating or

aggravating factor

applicable to the

circumstances of the case,

such as financial benefits

gains, or losses avoided,

directly or indirectly, from

the infringement.

Text Origin: Council

Mandate

Article 30a(3)

G 276i

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

Moved reference text

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified of those rules and

of those measures, and shall

notify it, without delay, of

any subsequent amendment

affecting them.

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

3a. The Commission shall

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified of those rules and

of those measures, and shall

notify it, without delay, of

any subsequent amendment

affecting them.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 276 [276 - 276j]

be empowered to adopt

delegated acts in

accordance with Article 27

in order to supplement this

Regulation by establishing

further detailed conditions

applicable to the penalties

referred to in paragraph 1,

defining the method for

calculating financial

penalties and the thresholds

applicable, when such

penalties are to be used, and

specifying mitigating and

aggravating circumstances.

The first delegated act shall

be adopted by ... [6 months

from the entry into force of

this Regulation].

3a. Member States, when

laying down rules on

applicable penalties in

accordance with

paragraphs 1 and 2, shall

take utmost account of the

guidance referred to in

Article [article on

guidance].

Text Origin: Council

Mandate

Article 30a(4)

G 276j

2a. The pecuniary penalties

provided by this article shall

amount to not more than

[5%] of the economic

operator’s total annual

Union-wide turnover in the

financial year preceding the

fining decision, calculated

in accordance with the

calculation of aggregate

turnover for undertakings

laid down in Article 5(1) of

Council Regulation (EC)

No 139/2004 1.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

_________ 1. [1] Council Regulation

(EC) No 139/2004 of 20 January

2004 on the control of

concentrations between

undertakings (the EC Merger

Regulation), OJ L 024 ,

29.01.2004, p. 1.

Article 30c

G 276k

Article 35

Review

EP Article 30a

Evaluation and review

Article 35

Evaluation and review

Text Origin: Auxiliary

Article 30a(4), point (a)

R 276l

By 5 years after the start of

the application of this

Regulation and every 5

years thereafter, the

Commission shall carry out

an evaluation of the

enforcement and the

implementation of the

Regulation. The

Commission shall present a

report on the main findings

to the European Parliament

and the Council. The

evaluation shall in

particular include an

assessment of:

1. By ... [one year after the

date of application] and

every four years thereafter,

the Commission shall carry

out an evaluation of this

Regulation taking account

of its objectives and shall

submit a report thereon to

the European Parliament,

to the Council and to the

European Economic and

Social Committee.

2. The report shall

assess whether and how this

Regulation achieved its

objectives, in particular

with regard to:

1. By [X] years after the

start of the application of

this Regulation and every 5

years thereafter, the

Commission shall carry out

an evaluation of the

enforcement and the

implementation of the

Regulation. The

Commission shall present a

report on the main findings

to the European

Parliament, the Council

and to the European

Economic and Social

Committee. The evaluation

shall in particular include

an assessment of:

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

i) the reduction of the

number of products made

with forced labour on the

Union market;

ii) the improvement of

cooperation between

competent authorities and

strengthening the controls

on products entering the

Union market;

iii) the impact on

businesses, and in

particular on SMEs, of the

administrative procedures

related to the investigations

and decisions;

iv) the cost of

compliance for economic

operators, and in particular

SMEs;

v) the impact on the

competitiveness of

companies operating in the

internal market;

vi) the impact on trade;

vii) the alignment with

other relevant Union

legislation;

viii) the contribution to

fight forced labour globally;

ix) the overall cost-

benefit and effectiveness of

the ban.

3. The report shall be

accompanied, where

appropriate, by a legislative

(a) whether the

mechanism in place

effectively contributes to the

objectives of the Regulation,

as set out in Article 1,

namely the elimination of

products made with forced

labour from the internal

market and the contribution

to fight forced labour;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

proposal.

4. The report shall also

assess whether the scope

should be enlarged to

include services ancillary to

the extraction, harvesting,

production or

manufacturing of products.

5. The Commission

shall continuously monitor

the impact of this

Regulation on victims of

forced labour, also paying

particular regard to the

situation of women and

children. The monitoring

shall be based on a

scientific and transparent

methodology and shall take

into account information

provided by stakeholders.

Article 30a(4), point (b)

G 276m

(a) whether the mechanism

in place effectively

contributes to the objectives

of the Regulation, as set out

in Article 1;

(b) the cooperation between

competent authorities,

including within the

Network, as well as all other

relevant authorities in

applying the Regulation;

(c) the effectiveness of

international cooperation to

contribute to the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

elimination of forced labour

from global supply chains;

(d) the impact on

businesses, and in

particular on SMEs,

including on their

competitiveness of the

procedures related to the

investigations and

decisions;

(e) the cost of compliance

for economic operators, and

in particular SMEs;

(g) the overall cost-

benefit and effectiveness of

the prohibition.

Where the Commission

finds it appropriate, the

report shall be accompanied

by a legislative proposal for

amendment of the relevant

provisions of this

Regulation.

Article 30a(4), point (c)

R 276n

(b) the effectiveness of

international cooperation to

contribute to the

elimination of forced labour

from global supply chains;

2. The report shall also

assess whether the scope

should be enlarged to

include services ancillary to

the extraction, harvesting,

production or

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

manufacturing of products.

3. As part of the

assessment under

paragraph 1 point (a), the

report shall cover the

impact of the Regulation on

victims of forced labour,

with particular regard to the

situation of women and

children. The assessment of

this impact shall be based

on regular monitoring of

information from

international organisations

and relevant stakeholders.

Recital on : the alignment

with other relevant Union

legislation;

Article 30a(4), point (d)

G 276o

(c) the impact on

businesses, and in

particular on SMEs, of the

procedures related to the

investigations and

decisions;

deleted

Article 30a(4), point (e)

G 276p

(d) the cooperation between

competent authorities,

including within the

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Network, as well as all other

relevant authorities in

applying the Regulation;

Article 30a(4), point (f)

G 276q

(e) the overall cost-benefit

and effectiveness of the

prohibition.

deleted

TM 12/2: Last paragraph of the CNS mandate needs to be inserted "Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation or an update of the guidelines referred to in Article 11."

Article 30b

G 276r

Article 27

Delegated Acts and Exercise

of the Delegation

Moved reference text

Article 2731

Delegated Acts and Exercise

of the Delegation

Moved from row 260 [260 - 276s]

EP Article 27

Delegated Acts and Exercise

of the Delegation

Article 2731

Delegated Acts and Exercise

of the Delegation

Text Origin: Council

Mandate

Article 30b(1)

G 276s

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

on the Commission subject

to the conditions laid down

in this Article.

Moved reference text

on the Commission subject

to the conditions laid down

in this Article.

Moved from row 261 [261 - 276t]

on the Commission subject

to the conditions laid down

in this Article.

on the Commission subject

to the conditions laid down

in this Article.

Text Origin: Commission

Proposal

Article 30b(1), point (a)

R 276t

2. The power to adopt

delegated acts referred to in

Article 16(1) shall be

conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

Moved reference text

2. The power to adopt

delegated acts referred to in

Article 16(1)26(1) shall be

conferred on the

Commission for an

indeterminate period of time

fromfive years from [OP

ENTRY DATE = date of

entry force of this

Regulation]. The

Commission shall draw up

a report in respect of the

delegation of power not

later than nine months

before the end of the five-

year period. The delegation

of power shall be tacitly

extended for periods of an

identical duration, unless

the European Parliament or

the Council opposes such

extension not later than

three months before the end

of each period.

Moved from row 262 [262 - 276u]

2. The power to adopt

delegated acts referred to in

Article 11a, Article 16(1),

and in Article 30(4)16(1)

shall be conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

2. The power to adopt

delegated acts referred to in

Article 16(1)[11a], Article

26(1), and in Article [34(4)] shall be conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

Text Origin: Auxiliary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30c(1)

R 276u

3. The delegation of power

referred to in Article 16(1)

may be revoked at any time

by the European Parliament

or by the Council. A

decision to revoke shall put

an end to the delegation of

the power specified in that

decision. It shall take effect

the day following the

publication of the decision in

the Official Journal of the

European Union or at a later

date specified therein. It

shall not affect the validity

of any delegated acts already

in force.

Moved reference text

3. The delegation of power

referred to in Article

16(1)26(1) may be revoked

at any time by the European

Parliament or by the

Council. A decision to

revoke shall put an end to

the delegation of the power

specified in that decision. It

shall take effect the day

following the publication of

the decision in the Official

Journal of the European

Union or at a later date

specified therein. It shall not

affect the validity of any

delegated acts already in

force.

Moved from row 263 [263 - 276v]

3. The delegation of power

referred to in Article 11a,

Article 16(1) and in Article

30(4)16(1) may be revoked

at any time by the European

Parliament or by the

Council. A decision to

revoke shall put an end to

the delegation of the power

specified in that decision. It

shall take effect the day

following the publication of

the decision in the Official

Journal of the European

Union or at a later date

specified therein. It shall not

affect the validity of any

delegated acts already in

force.

Article 30c(2)

G 276v

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Moved reference text

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Moved from row 264 [264 - 276w]

Making of 13 April 201611.

_________

1. Interinstitutional

Agreement between the

European Parliament, the

Council of the European

Union and the European

Commission on Better Law-

Making (OJ L 123,

12.5.2016, p. 1)

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Text Origin: Council

Mandate

Article 30c(3)

G 276w

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Moved reference text

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Moved from row 265 [265 - 276x]

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Text Origin: Auxiliary

Article 30c(6)

R 276x

6. A delegated act adopted

pursuant to Article 16(1)

shall enter into force only if

no objection has been

6. A delegated act adopted

pursuant to Article

16(1)26(1) shall enter into

force only if no objection

6. A delegated act adopted

pursuant to Article 11a,

Article 16(1) and in Article

30(4)16(1) shall enter into

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

expressed either by the

European Parliament or the

Council within a period of

two months of notification

of that act to the European

Parliament and the Council

or if, before the expiry of

that period, the European

Parliament and the Council

have both informed the

Commission that they will

not object. That period shall

be extended by two months

at the initiative of the

European Parliament or of

the Council.

Moved reference text

has been expressed either by

the European Parliament or

the Council within a period

of two months of

notification of that act to the

European Parliament and the

Council or if, before the

expiry of that period, the

European Parliament and the

Council have both informed

the Commission that they

will not object. That period

shall be extended by two

months at the initiative of

the European Parliament or

of the Council.

Moved from row 266 [266 - 276y]

force only if no objection

has been expressed either by

the European Parliament or

the Council within a period

of two months of

notification of that act to the

European Parliament and the

Council or if, before the

expiry of that period, the

European Parliament and the

Council have both informed

the Commission that they

will not object. That period

shall be extended by two

months at the initiative of

the European Parliament or

of the Council.

Article 30d

G 276y

Article 28

Urgency procedure

Moved reference text

Article 2832

Urgency procedure

Moved from row 267 [267 - 276z]

EP Article 28

Urgency procedure

Article 2832

Urgency procedure

Text Origin: Council

Mandate

Article 30d(1)

G 276z

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

Moved reference text

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

Moved from row 268 [268 - 276aa]

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

Text Origin: Auxiliary

Article 30d(2)

G 276aa

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Moved reference text

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6)31(6). In such

a case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Moved from row 269 [269 - 276ab]

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6)[31(6)]. In such

a case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Text Origin: Council

Mandate

Article 30e

Y 276ab

Article 29

Committee procedure

Moved reference text

Article 2933

Committee procedure

Moved from row 270 [270 -

EP Article 29

Committee procedure

Article 2933

Committee procedure

Text Origin: Council

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

276ac]

Mandate

Article 30e(1)

Y 276ac

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Moved reference text

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Moved from row 271 [271 - 276ad]

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Article 30e(1)

G 276ad

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Moved reference text

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Moved from row 272 [272 - 276ae]

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Text Origin: Commission

Proposal

Article 30e(2)

Y 276ae

Where the committee

delivers no opinion, the

Commission shall not adopt

the draft implementing act

and the third subparagraph

of Article 5(4) of Regulation

(EU) No 182/2011 shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

apply.

Article 30f

G 276af

Article 33a

Amendment to Directive

(EU) No 2019/1937

EP Article 26a

Amendment of Directive

(EU) 2019/1937

Article 33a

Amendment to Directive

(EU) No 2019/1937

Text Origin: Council

Mandate

Article 30f(1)

G 276ag

In Point C.1 of Part I of the

Annex to Directive (EU) No

2019/1937, the following

point is added:

In Part I.C.1 of the Annex

to Directive (EU)

2019/1937, the following

point is added:

In Part I.C.1 of the Annex

to Directive (EU)

2019/1937, the following

point is added:

Text Origin: Auxiliary

Article 30f(2)

G 276ah

‘(iv) [Regulation XXX…and

amending Directive (EU)

2019/1937]’.

‘(iv) Regulation (EU)

XXXX/XXXX of the

European Parliament and

of the Council of [date] on

prohibiting products made

with forced labour on the

Union market and

amending Directive (EU)

2019/1937.’

‘(iv) Regulation (EU)

XXXX/XXXX of the

European Parliament and

of the Council of [date] on

prohibiting products made

with forced labour on the

Union market and

amending Directive (EU)

2019/1937.’

Text Origin: Auxiliary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30a

276ai

Article 30a

Evaluation and review

1. By ... [one year

after the date of

application] and every four

years thereafter, the

Commission shall carry out

an evaluation of this

Regulation taking account

of its objectives and shall

submit a report thereon to

the European Parliament,

to the Council and to the

European Economic and

Social Committee.

2. The report shall

assess whether and how this

Regulation achieved its

objectives, in particular

with regard to:

i) the reduction of the

number of products made

with forced labour on the

Union market;

ii) the improvement of

cooperation between

competent authorities and

strengthening the controls

on products entering the

Union market;

iii) the impact on

businesses, and in

particular on SMEs, of the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

administrative procedures

related to the investigations

and decisions;

iv) the cost of

compliance for economic

operators, and in particular

SMEs;

v) the impact on the

competitiveness of

companies operating in the

internal market;

vi) the impact on

trade;

vii) the alignment with

other relevant Union

legislation;

viii) the contribution to

fight forced labour globally;

ix) the overall cost-

benefit and effectiveness of

the ban.

3. The report shall be

accompanied, where

appropriate, by a legislative

proposal.

4. The report shall

also assess whether the

scope should be enlarged to

include services ancillary to

the extraction, harvesting,

production or

manufacturing of products.

5. The Commission

shall continuously monitor

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the impact of this

Regulation on victims of

forced labour, also paying

particular regard to the

situation of women and

children. The monitoring

shall be based on a

scientific and transparent

methodology and shall take

into account information

provided by stakeholders.

Article 31

G 277

Article 31

Entry into force and date of

application

Article 31

Entry into force and date of

application

Article 3136

Entry into force and date of

application

Article 31

Entry into force and date of

application

Text Origin: Council

Mandate

Article 31, first paragraph

G 278

This Regulation shall enter

into force on the day

following that of its

publication in the Official

Journal of the European

Union.

This Regulation shall enter

into force on the day

following that of its

publication in the Official

Journal of the European

Union.

This Regulation shall enter

into force on the twentieth

day following that of its

publication in the Official

Journal of the European

Union.

This Regulation shall enter

into force on the day

following that of its

publication in the Official

Journal of the European

Union.

Text Origin: Commission

Proposal

Article 31, second paragraph

R 279 R

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

This Regulation shall apply

from [OP enter DATE = 24

months from its entry into

force].

This Regulation shall apply

from [OP enter DATE = 24

months from its entry into

force].

This RegulationIt shall apply

from [OP enter DATE =

2436 months from its entry

into force].

Article 31, second paragraph a

R 279a

However, Articles 5(3), 9,

10(4), 11, 33 and 34(3) shall

apply from [OP enter DATE

= entry into force].

Article 31, third paragraph

G 280

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

Text Origin: Commission

Proposal

Formula

G 281

Done at Brussels,

Text Origin: Commission

Proposal

Formula

G 282

For the European Parliament

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Formula

G 283

The President

Text Origin: Commission

Proposal

Formula

G 284

For the Council

Text Origin: Commission

Proposal

Formula

G 285

The President

Text Origin: Commission

Proposal

FLB Regulation 4CT seisuga 03.03.24 kell 12.54 wk03443.en24.pdf

Interinstitutional files: 2022/0269 (COD)

Brussels, 04 March 2024

WK 3443/2024 INIT

LIMITE

MI COMPET CONSOM POLCOM ENFOCUSTOM

JAI EMPL SOC CODEC UD

This is a paper intended for a specific community of recipients. Handling and further distribution are under the sole responsibility of community members.

NOTE

From: Presidency To: Delegations

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on prohibiting products made with forced labour on the Union market - 4-column document of 1/03/2024

How to read the 5-column document

Dear colleagues,

Please find enclosed the latest version of the 5-column document:

- # Green lines are those were both mandates match, where the Parliament agreed to take on board Council wording, or where a simple technical solution was already found.

- # Red lines are political issues. Parliament and Council will work towards possible compromises but the final decisions will have to be left for the political trilogue.

WK 3443/2024 INIT LIMITE EN

- # White lines are repetitions and will not be dealt with.

columns. • However, in several instances, it means that there is one row with the Commission and matching EP

text, and then another separate row with the Council text. For ease of use, the EP mandate has then been added in the "auxiliary column" (column to the right of the Council text).

• The lines that are still white/with no colour are repetitions of lines due to restructuration and should be ignored. For technical reasons, it is not possible to delete these lines.

• The draft agreement can be found in the 5th column.

WK 3443/2024 INIT LIMITE EN

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on

prohibiting products made with forced labour on the Union market (Text with EEA relevance) 2022/0269(COD)

[Version for Trilogue on March 4, 2024]

03-03-2024 at 12h54

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Formula

G 1

2022/0269 (COD)

Text Origin: Commission

Proposal

Proposal Title

G 2

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market

(Text with EEA relevance)

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market

(Text with EEA relevance)

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market and

amending Directive (EU)

2019/1937 (Text with EEA relevance)

Proposal for a

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF

THE COUNCIL

on prohibiting products

made with forced labour on

the Union market and

amending Directive (EU)

2019/1937 (Text with EEA relevance)

Text Origin: Council

Mandate

Formula

G 3

THE EUROPEAN

THE EUROPEAN G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

PARLIAMENT AND THE

COUNCIL OF THE

EUROPEAN UNION,

Text Origin: Commission

Proposal

Citation 1

G 4

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Having regard to the Treaty

on the Functioning of the

European Union, and in

particular Article 114 and

Article 207 thereof,

Text Origin: Commission

Proposal

Citation 2

G 5

Having regard to the

proposal from the European

Commission,

Having regard to the

proposal from the European

Commission,

Having regard to the

proposal from the European

Commission,

Having regard to the

proposal from the European

Commission,

Text Origin: Commission

Proposal

Citation 3

G 6

After transmission of the

draft legislative act to the

national parliaments,

After transmission of the

draft legislative act to the

national parliaments,

After transmission of the

draft legislative act to the

national parliaments,

After transmission of the

draft legislative act to the

national parliaments,

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Citation 4

G 7

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Having regard to the opinion

of the European Economic

and Social Committee1,

_________ 1. OJ C , , p. .

Text Origin: Commission

Proposal

Citation 5

G 8

Acting in accordance with

the ordinary legislative

procedure,

Acting in accordance with

the ordinary legislative

procedure,

Acting in accordance with

the ordinary legislative

procedure,

Acting in accordance with

the ordinary legislative

procedure,

Text Origin: Commission

Proposal

Formula

G 9

Whereas:

Text Origin: Commission

Proposal

Recital 1

R 10

(1) As recognised in the

Preamble to the 2014

Protocol to Convention No.

29 on forced labour (‘ILO

Convention No. 29’) of the

International Labour

Organization (‘ILO’), forced

(1) As recognised in the

Preamble to the 2014

Protocol to Convention No.

29 on forced labour (‘ILO

Convention No. 29’) of the

International Labour

Organization (‘ILO’), forced

(1) As recognised in the

Preamble to the 2014

Protocol to Convention No.

29 on forced labour (‘ILO

Convention No. 29’) of the

International Labour

Organization (‘ILO’), forced

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

labour constitutes a serious

violation of human dignity

and fundamental human

rights. The ILO declared the

elimination of all forms of

forced or compulsory labour

as a principle concerning the

fundamental rights. The ILO

classifies ILO Convention

No. 29, the 2014 Protocol to

Convention No. 29 and the

ILO Convention No.105 on

the abolition of forced

labour (‘ILO Convention

No.105’) as fundamental

ILO Conventions1. Forced

labour covers a wide variety

of coercive labour practices

where work or service is

exacted from persons that

have not offered it

themselves voluntarily.2

_________ 1.

https://www.ilo.org/global/standard

s/introduction-to-international-

labour-standards/conventions-and-

recommendations/lang--

en/index.htm.

2. The ILO definition of forced

labour according to the ILO Forced

Labour Convention, 1920 (No. 29),

What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery and

human trafficking) (ilo.org).

labour constitutes a serious

violation of human dignity

and fundamental human

rights, contributes to the

perpetuation of poverty and

stands in the way of the

achievement of decent work

for all. The ILO declared the

elimination of all forms of

forced or compulsory labour

as a principle concerning the

fundamental rights. The ILO

classifies ILO Convention

No. 29, including the

supplementing the 2014

Protocol to Convention No.

29 and the Forced Labour

(Supplementary Measures)

Recommendation No. 203

and the ILO Convention

No.105 on the abolition of

forced labour (‘ILO

Convention No.105’) as

fundamental ILO

Conventions1.16 and issues

recommendations to

prevent, eliminate, and

remedy forced labour16a.

Forced labour includes

work and services, which is

performed or provided

along the value chain, and

is exacted from any person

under the threat of a

penalty and for which the

person has not offered

himself or herself

labour constitutes a serious

violation of human dignity

and fundamental human

rights. The ILO declared the

elimination of all forms of

forced or compulsory labour

as a principle concerning the

fundamental rights. The ILO

classifies ILO Convention

No. 29, the with its 2014

Protocol to Convention No.

29 and the ILO Convention

No.105 on the abolition of

forced labour (‘ILO

Convention No.105’) as

fundamental ILO

Conventions1. Forced labour

covers a wide variety of

coercive labour practices

where work or service is

exacted from persons that

have not offered it

themselves voluntarily.2

_________ 1.

https://www.ilo.org/global/standard

s/introduction-to-international-

labour-standards/conventions-and-

recommendations/lang--

en/index.htm.

2. The ILO definition of forced

labour according to the ILO Forced

Labour Convention, 1920 (No. 29),

What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery and

human trafficking) (ilo.org).

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

voluntarily17. According to

the ILO and the UN, some

economic activities in

certain productive sectors

such as processing,

agriculture, garment and

fisheries, and in certain

services sector, such as

transportation, storage and

logistics, cleaning and

seasonal work have a

higher occurrence of forced covers a wide variety of

coercive labour17a. This

definition applies to practices where work or

service exacted by

governments and public

authorities as well as

private bodies and

individuals. The ILO has

developed several indicators

used to identify and indicate

cases of forced labour, such

as threats and actual

physical and sexual harm,

abuse of vulnerability,

abuse of working and living

conditions and excessive

overtime, deception,

restriction of movement or

confinement to the

workplace or a limited area,

isolation, debt bondages,

withholding wages or

excessive wage reduction,

retention of passports and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

identity documents or threat

of denunciation to the

authorities when the worker

has an irregular

immigration status17b.

Forced labour is very often

linked to poverty and

discrimination. The

manipulation of credit and

debt, either by employers or

by recruiting agents, is still

a key factor that traps

vulnerable workers in

forced labour situations17c.

The European Court of

Human Rights has

repeatedly found that,

under Article 4 of the

European Convention on

Human Rights, initial

consent and voluntariness

become null and void if

there is an abuse of position

of vulnerability17d.

According to the ILO

supervisory bodies, prison

labour, including where it is

performed for private

companies, is not in itself

constitutive of forced labour

provided that it is done on a

voluntary basis, for the

benefit of the prisoner and

approximates the conditions

of a free labour

relationshipis exacted from

persons that have not offered

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

it themselves voluntarily.2

Community work as an

alternative penal sanction to

imprisonment should

always be in the public

general interest and should,

under no circumstances, be

abused by States as means

to degrade the convicted

person or deprive the

person of their dignity17e. In

cases in which work or

service is imposed by

exploiting the worker's

vulnerability, under the

threat of a penalty, such

threat does not need to take

the form of a penal sanction

but might take the form also

of a loss of rights or

benefits.

__________________ 16https://www.ilo.org/global/

standards/introduction-to-

international-labour-

standards/conventions-and-

recommendations/lang--

en/index.htm.

16a ILO Forced Labour

(Supplementary Measures)

Recommendation, 2014.

17 The ILO definition of

forced labour according to

the ILO Forced Labour

Convention, 1920 (No. 29),

What is forced labour,

modern slavery and human

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

trafficking (Forced labour,

modern slavery and human

trafficking) (ilo.org).

17a UNODC (United

Nations Office on Drugs

and Crime), “Global Report

on Trafficking In Persons ”

2020,

https://www.unodc.org/docu

ments/data-and-

analysis/tip/2021/GLOTiP_

2020_15jan_web.pdf

17b

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

declaration/documents/publ

ication/wcms_203832.pdf

17c ILO, the Profits and

Poverty: The economics of

forced labour:

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

declaration/documents/publ

ication/wcms_243391.pdf

17d ECHR, Chowdury and

Others v Greece (21884/15)

and Zoletic and Others v.

Azerbaijan (20116/12)

cases.

17e

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

relconf/documents/meeting

document/wcms_089199.pdf

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Page 27 _________ 1.

https://www.ilo.org/global/standar

ds/introduction-to-international-

labour-standards/conventions-and-

recommendations/lang--

en/index.htm.

2. The ILO definition of forced

labour according to the ILO

Forced Labour Convention, 1920

(No. 29), What is forced labour,

modern slavery and human

trafficking (Forced labour, modern

slavery and human trafficking)

(ilo.org).

Recital 2

Y 11

(2) The use of forced labour

is widespread in the world. It

is estimated that about 27.6

million people were in

forced labour in 2021.1

Vulnerable and marginalised

groups in a society are

particularly susceptible to be

pressured into performing

forced labour. Even when it

is not state imposed, forced

labour is often a

consequence of a lack of

good governance of certain

economic operators.

_________ 1. The 2021 Global Estimates of

Modern Slavery,

https://www.ilo.org/wcmsp5/group

s/public/---ed_norm/---

(2) The use of forced labour

is widespread in the world. It

is estimated that about 27.6

million people were in

forced labour in 202118.1

Vulnerable and marginalised

groups in a society, such as

women, children, ethnic

minorities, persons with

disabilities, lower casters,

indigenous and tribal

people, migrants, especially

if they are undocumented,

have a precarious status

and operate in the informal

economy, are particularly

susceptible to be pressured

into performing forced

labour. Even when it is not

(2) The use of forced labour

is widespread in the world. It

is estimated that about 27.6

million people were in

forced labour in 2021.1

Vulnerable and marginalised

groups in a society are

particularly susceptible to be

pressured into performing

forced labour. Even when it

is not state imposed, forced

labour is often a

consequence of a lack of

good governance of certain

economic operators.

_________ 1. The 2021 Global Estimates of

Modern Slavery,

https://www.ilo.org/wcmsp5/group

s/public/---ed_norm/---

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

ipec/documents/publication/wcms_

854733.pdf.

state imposed, forced labour

is often a consequence of

athe absence or lack of good

governance of certain

economic operators and a

demonstration of a state’s

failure to enforce social and

labour rights, particularly

for vulnerable and

marginalised groups.

Forced labour can also take

place as a result of

authorities' tacit consent.

Women and girls account

for 11.8 million of the total

number of people engaged

in forced labour. More than

3.3 million of all those

engaged in forced labour

are children. Between 2016

and 2021, the estimated

number of people engaged

in forced labour increased

by 2.7 million18a. Migrant

workers who are not

protected by law or are

unable to exercise their

rights face a higher risk of

exposure to forced labour

than other workers do.

According to the ILO, 15 %

of all adults engaged in

forced labour are

migrants18b. The Union's

Agency for Fundamental

Rights has found that this is

also the case within the

ipec/documents/publication/wcms_

854733.pdf.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Union. Abusive employers

use the weak position of

migrant workers to force

them to work for endless

hours with no or little pay,

often in dangerous settings,

and without the minimum

safety equipment required

by law18c. The vast majority

of forced labour occurs in

the private sector, in

particular through forced

labour exploitation (17.3

million people), which

accounts for 86 % of all

forced labour cases18d. The

obligations of economic

operators set out in this

Regulation should be

predictable and clear in

order to ensure full and

effective compliance and

contribute to bringing

forced labour to an end.

__________________

18 The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf.

18a The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf

18b The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf

18c

https://fra.europa.eu/en/con

tent/protecting-migrant-

workers-exploitation-fra-

opinions

18d The 2021 Global

Estimates of Modern

Slavery,

https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/--

ipec/documents/publication/

wcms_854733.pdf _________ 1. The 2021 Global Estimates of

Modern Slavery,

https://www.ilo.org/wcmsp5/group

s/public/---ed_norm/---

ipec/documents/publication/wcms_

854733.pdf.

Recital 3

R 12

(3) The eradication of

forced labour is a priority for

(3) The eradication of

forced labour in all its

(3) The eradication of

forced labour is a priority for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Union. Respect for

human dignity and the

universality and

indivisibility of human rights

are firmly enshrined in

Article 21 of the Treaty on

European Union. Article

5(2) of the Charter of

Fundamental Rights of the

European Union and Article

4 of the European

Convention on Human

Rights provide that no one is

to be required to perform

forced or compulsory labour.

The European Court of

Human Rights has

repeatedly interpreted

Article 4 of the European

Convention on Human

Rights as requiring Member

States to penalise and

effectively prosecute any act

maintaining a person in the

situations described set out

in Article 4 of the European

Convention on Human

Rights.1

_________ 1. For instance paras. 89 and 102 in

Siliadin v. France or para. 105 in

Chowdury and Others v. Greece.

forms, including state

imposed forced labour, is a

priority for the Union.

Respect for human dignity

and the universality and

indivisibility of human rights

are firmly enshrined in

Article 21 of the Treaty on

European Union. In order to

achieve Target 8.7 of the

Sustainable Development

Goals, the Union should

uphold and promote its

values and contribute to the

protection of human rights,

in particular the rights of

the child. Article 5(2)5 of

the Charter of Fundamental

Rights of the European

Union explicitly prohibits

slavery, servitude, forced or

compulsory labour and

trafficking in human beings

and Article 4 of the

European Convention on

Human Rights provide that

no one is to be required to

perform forced or

compulsory labour. The

European Court of Human

Rights has repeatedly

interpreted Article 4 of the

European Convention on

Human Rights as requiring

Member States to penalise

and effectively prosecute

any act maintaining a person

the Union. Respect for

human dignity and the

universality and

indivisibility of human rights

are firmly enshrined in

Article 21 of the Treaty on

European Union. Article

5(2) of the Charter of

Fundamental Rights of the

European Union and Article

44(2) of the European

Convention on Human

Rights provide that no one is

to be required to perform

forced or compulsory labour.

The European Court of

Human Rights has

repeatedly interpreted

Article 4 of the European

Convention on Human

Rights as requiring Member

States to penalise and

effectively prosecute any act

maintaining a person in the

situations described set out

in Article 4 of the European

Convention on Human

Rights.1

_________ 1. For instance, Judgment of the

European Court of Human Rights

of XX, Siliadin v. France, paras.

89 and 102 in Siliadin v. France or

para. 105 inor Judgement of the

European Court of Human Rights

of XX, Chowdury and Others v.

Greece, para. 105.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

in the situations described

set out in Article 4 of the

European Convention on

Human Rights.119 The right

to effective remedies for

violations of fundamental

rights is a human right, and

a fundamental element in

the process of effective

prosecution of crimes.

Existing Union law, the UN

Guiding Principles on the

Business and Human

Rights (UNGPs), the

Council of Europe and the

OECD affirm that victims

have the right to an

effective remedy for

business-related human

rights violations or abuses,

including forced labour.

__________________

19 For instance paras. 89

and 102 in Siliadin v.

France or para. 105 in

Chowdury and Others v.

Greece. _________ 1. For instance paras. 89 and 102

in Siliadin v. France or para. 105

in Chowdury and Others v. Greece.

Recital 4

R 13

(4) All Member States have

ratified the fundamental ILO

(4) All Member States have

ratified the fundamental ILO

(4) All Member States have

ratified the fundamental ILO

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Conventions on forced

labour and child labour.1

They are therefore legally

obliged to prevent and

eliminate the use of forced

labour and to report

regularly to the ILO.

_________ 1.

https://www.ilo.org/wcmsp5/group

s/public/---europe/---ro-geneva/---

ilo-

brussels/documents/publication/wc

ms_195135.pdf.

Conventions on forced

labour and child labour20.1

They are therefore legally

obliged to prevent and

eliminate the use of forced

labour and to report

regularly to the ILO.

However, there are Member

States which have not yet

ratified the Protocol to ILO

Convention No. 29, despite

Council Decisions calling

on Member States for a

ratification and

implementation20a. The ILO

estimates that there are 880

000 forced labour victims

inside the Union, in

addition to the forced

labour involved inter alia in

the Union’s imports from

the rest of the world20b .

Moreover, there continue to

be shortcomings in the

implementation of the

fundamental ILO

Conventions20c. It is

necessary that Member

States fully implement the

fundamental ILO

conventions and correctly

transpose all the Union

legislation aimed at

combating forced labour,

labour rights violations and

human trafficking in order

to enforce the import and

Conventions on forced

labour andILO Convention

No. 29 and ILO Convention

No. 182 on worst forms of child labour.1 They are They

therefore legally

obligedhave the obligations

to prevent and eliminate the

use of forced labour and to

report regularly to the ILO.

_________ 1.

https://www.ilo.org/wcmsp5/group

s/public/---europe/---ro-geneva/---

ilo-

brussels/documents/publication/wc

ms_195135.pdf.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

export ban of any product

or service using forced

labour. This Regulation

aims to legally bind

Member States to prevent

and bring to an end the use

of forced labour, to provide

to victims protection and

access to remedy and

effective remediation, such

as compensations, to

penalise non-compliance

with decisions referred to in

Article 6(4). According to

the ILO, remediation

remains one of the key

policy priorities for

addressing forced labour.

In that regard, Protocol to

ILO Convention No. 29

stipulates that all victims of

forced or compulsory

labour, irrespective of their

presence or legal status in

the national territory,

should have access to

appropriate and effective

remedies, such as

compensations. The third

pillar of the UN Guiding

Principles on Business and

Human Rights stipulates

that remediation is a

fundamental right and may

include apologies,

restitution, rehabilitation,

financial or non-financial

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

compensation and punitive

sanctions - whether

criminal or administrative,

such as fines -, as well as

the prevention of harm

through, for example,

injunctions or guarantees of

non-repetition.

__________________

https://www.ilo.org/wcmsp5/

groups/public/---europe/---

ro-geneva/---ilo-

brussels/documents/publicat

ion/wcms_195135.pdf.

20a Council Decision (EU)

2015/2071 of 10 November

2015 authorising Member

States to ratify, in the

interests of the European

Union, the Protocol of 2014

to the Forced Labour

Convention, 1930, of the

International Labour

Organisation as regards

Articles 1 to 4 of the

Protocol with regard to

matters relating to judicial

cooperation in criminal

matters (OJ L 301,

18.11.2015, p. 47) and

Council Decision (EU)

2015/2037 of 10 November

2015 authorising Member

States to ratify, in the

interests of the European

Union, the Protocol of 2014

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the Forced Labour

Convention, 1930, of the

International Labour

Organisation with regard to

matters relating to social

policy (OJ L 298,

14.11.2015, p. 23).

20b ILO 2012 Global

Estimate of Forced Labour:

https://www.ilo.org/wcmsp5/

groups/public/---europe/---

ro-geneva/---ilo-

brussels/documents/generic

document/wcms_184975.pdf

20c 20c The ILO

supervisory bodies’

comments on the

application of Conventions

on forced labour can be

found under

(https://www.ilo.org/dyn/nor

mlex/en/f?p=1000:20010:::

NO:::) _________ 1.

https://www.ilo.org/wcmsp5/group

s/public/---europe/---ro-geneva/---

ilo-

brussels/documents/publication/wc

ms_195135.pdf.

Recital 5

Y 14

(5) Through its policies and

legislative initiatives the

Union seeks to eradicate the

use of forced labour. The

(5) Through its policies and

legislative initiatives the

Union seeks to eradicate the

use of forced labour and

(5) Through its policies and

legislative initiatives the

Union seeks to eradicate the

use of forced labour. The

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Union promotes due

diligence in accordance with

international guidelines and

principles established by

international organisations,

including the ILO, the

Organisation for Economic

Co-operation and

Development (hereinafter

“OECD”) and the United

Nations (hereinafter “UN”),

to ensure that forced labour

does not find a place in the

value chains of undertakings

established in the Union.

promote decent work and

labour rights worldwide.

The Union promotes due

diligence in accordance with

international guidelines and

principles established by

international organisations,

including the ILO, the

Organisation for Economic

Co-operation and

Development (hereinafter

“OECD”) and the United

Nations (hereinafter “UN”),

to ensure that forced labour

does not find a place in the

valuesupply chains of

undertakings established in

the Union.

Union promotes due

diligence in accordanceline

with international guidelines

and principles established by

international organisations,

including the ILO, the

Organisation for Economic

Co-operation and

Development (hereinafter

“OECD”) and the United

Nations (hereinafter “UN”),

to ensure that forced labour

does not find a place in the

value chains of undertakings

established in the Union.

Recital 6

Y 15

(6) Union trade policy

supports the fight against

forced labour in both

unilateral and bilateral trade

relationships. The trade and

sustainable development

chapters of Union trade

agreements contain a

commitment to ratify and

effectively implement the

fundamental ILO

Conventions, which include

ILO Convention No. 29 and

ILO Convention No. 105.

Moreover, unilateral trade

(6) Union trade policy

supports the fight against

forced labour in both

unilateral and bilateral trade

relationships. The trade and

sustainable development

chapters of Union trade

agreements contain a

commitment to ratify and

effectively implement the

fundamental ILO

Conventions, which include

ILO Convention No. 29 and

ILO Convention No. 105,

whereas trade and gender

(6) Union trade policy

supports the fight against

forced labour in both

unilateral and bilateral trade

relationships. The trade and

sustainable development

chapters of Union trade

agreements contain a

commitment to ratify and

effectively implement the

fundamental ILO

Conventions, which include

ILO Convention No. 29 and

ILO Convention No. 105.

Moreover, unilateral

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

preferences under the

Union’s General Scheme of

Preferences could be

withdrawn for serious and

systematic violations of ILO

Convention No. 29 and ILO

Convention No. 105.

chapters and provisions

establish a gender lens that

is essential for the economic

empowerment of women in

order to combat gendered

forced labour. Moreover,

unilateral trade preferences

under the Union’s General

Scheme of Preferences

couldcan be withdrawn for

serious and systematic

violations of ILO

Convention No. 29 and ILO

Convention No. 105.

tradetariff preferences under

the Union’s General Scheme

of Preferences1 could be

withdrawn for serious and

systematic violations of ILO

Convention No. 29 and ILO

Convention No. 105.

_________ 1. Regulation (EU) No 978/2012

of the European Parliament and

of the Council of 25 October 2012

applying a scheme of generalised

tariff preferences and repealing

Council Regulation (EC) No

732/2008, OJ L 303, 31.10.2012,

p. 1-82.

Recital 6a

Y 15a

(6a) Forced labour has a

distinct impact on

vulnerable and

marginalised groups, such

as children, women,

migrants, refugees or

indigenous peoples, and

therefore an intersectional

and gender sensitive

approach is essential to

combat forced labour

effectively. This Regulation

should therefore aim to

achieve the objectives of the

ILO Convention 182,

Council of Europe

Convention on Preventing

and Combating Violence

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Against Women and

Domestic Violence, the

Beijing Declaration, the

Global Compact for Safe,

Orderly and Regular

Migration, the Geneva

Convention Relating to the

Status of Refugees; the

United Nations Declaration

on the Rights of Indigenous

Peoples, the ILO

Convention 169, as well as

other relevant international

agreements and

conventions.

Recital 7

Y 16

(7) The Anti-trafficking

Directive (Directive

2011/36/EU) of the

European Parliament and of

the Council1 (the Anti-

trafficking Directive)

harmonises the definition of

trafficking in human beings,

including forced labour or

services, and establishes

minimum penalties. Any

rules laid down concerning

the prohibition of placing

and making available on the

Union market domestic or

imported products made

with forced labour, or

exporting such products, and

(7) The Anti-trafficking

Directive (Directive

2011/36/EU) of the

European Parliament and of

the Council1 (the Anti-

trafficking Directive)

harmonises the definition of

trafficking in human beings,

including forced labour or

services, and establishes

minimum penalties. Any

rules laid down concerning

the prohibition of placing

and making available on the

Union market domestic or

imported products made

with forced labour, or

exporting such products, and

(7) The Anti-trafficking

Directive (Directive

2011/36/EU) of the

European Parliament and of

the Council1 (the Anti-

trafficking Directive)

harmonises the definition of

trafficking in human beings,

including forced labour or

services, and establishes

rules on minimum penalties.

Any rules laid down

concerning the prohibition of

placing and making

available on the Union

market domestic or imported

products made with forced

labour, or exporting such

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the obligation to ensure that

such products are withdrawn

from the Union market (‘the

prohibition’), should be

without prejudice to that

Directive, and in particular

to the competence of law

enforcement and judicial

authorities to investigate and

prosecute offences on

trafficking in human beings,

including labour

exploitation.

_________ 1. Directive 2011/36/EU of the

European Parliament and of the

Council of 5 April 2011 on

preventing and combating

trafficking in human beings and

protecting its victims, and

replacing Council Framework

Decision 2002/629/JHA, OJ L 101,

15.4.2011, p.1.

the obligation to ensure that

such products are withdrawn

from the Union market (‘the

prohibition’), should be

without prejudice to that

Directive, and in particular

to the competence of law

enforcement and judicial

authorities to investigate and

prosecute offences on

trafficking in human beings,

including labour

exploitation.

_________ 1. Directive 2011/36/EU of the

European Parliament and of the

Council of 5 April 2011 on

preventing and combating

trafficking in human beings and

protecting its victims, and

replacing Council Framework

Decision 2002/629/JHA, OJ L 101,

15.4.2011, p.1.

products, and the obligation

to ensure that such products

are withdrawn from the

Union market (‘the

prohibition’), should be

without prejudice to that

Directive, and in particular

to the competence of law

enforcement and judicial

authorities to investigate and

prosecute offences on

trafficking in human beings,

including labour

exploitation.

_________ 1. Directive 2011/36/EU of the

European Parliament and of the

Council of 5 April 2011 on

preventing and combating

trafficking in human beings and

protecting its victims, and

replacing Council Framework

Decision 2002/629/JHA, OJ L 101,

15.4.2011, p.1.

Recital 8

Y 17

(8) [In particular, Directive

20XX/XX/EU on Corporate

Sustainability Due Diligence

sets out horizontal due

diligence obligations to

identify, prevent, mitigate

and account for actual and

potential adverse impacts on

human rights, including

forced labour, and the

(8) [In particular, Directive

20XX/XX/EU on Corporate

Sustainability Due Diligence

sets out horizontal due

diligence obligations for

companies to identify,

prevent, mitigate and

account for actual and

potential adverse impacts on

human rights, including

(8) [In particular, Directive

20XX/XX/EU on Corporate

Sustainability Due Diligence

sets out horizontal due

diligence obligations to

identify, prevent, and

mitigate and account for

actual and potential adverse

impacts on human rights,

including forced labour, and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

environment in the

company’s own operations,

its subsidiaries and in its

value chains, in accordance

with international human

and labour rights standards

and environmental

conventions. Those

obligations apply to large

companies over a certain

threshold in terms of number

of employees and net

turnover, and to smaller

companies in high-impact

sectors over a certain

threshold in terms of number

of employees and net

turnover.1]

_________ 1. Directive 20XX/XX/EU of the

European Parliament and of the

Council on Corporate

Sustainability Due Diligence and

amending Directive (EU)

2019/1937, OJ XX, XX.XX.20XX,

p. XX.

forced labour, and the

environment inthat they

caused, contributed to or

are directly linked to the

company’s own operations,

and its subsidiaries and in its

value chains, in accordance

with international human

and labour rights standards

and environmental

conventions. That Directive

also strengthens access to

remedy for those affected by

such impacts. Those

obligations apply to large

companies over a certain

threshold in terms of number

of employees and net

turnover, and to smaller

companies in high-impact

sectors over a certain

threshold in terms of number

of employees and net

turnover.1]22 Consistency

between that Directive and

this Regulation should be

ensured.

__________________

22 Directive 20XX/XX/EU

of the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence and

amending Directive (EU)

2019/1937, OJ XX,

XX.XX.20XX, p. XX. _________

the environmentas well as

bring to an end and

minimise the extend of

potential and actual adverse

impacts in the company’s

own operations, its

subsidiaries and in its value

chains, in accordance with

chain of activities on

human rights, including

forced labour, and on the

environment, interpreted in

line with with international

human and labour rights

standards and environmental

conventions. Those

obligations apply to large

companies over a certain

threshold in terms of number

of employees and net

turnover, and to smaller

companies in high-impact

sectors over a certain

threshold in terms of number

of employees and net

turnover.1]

_________ 1. Directive 20XX/XX/EU of the

European Parliament and of the

Council on Corporate

Sustainability Due Diligence and

amending Directive (EU)

2019/1937, OJ XX, XX.XX.20XX,

p. XX.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

1. Directive 20XX/XX/EU of the

European Parliament and of the

Council on Corporate

Sustainability Due Diligence and

amending Directive (EU)

2019/1937, OJ XX, XX.XX.20XX,

p. XX.

Recital 9

Y 18

(9) In addition, Regulation

(EU) 2017/821 of the

European Parliament and of

the Council1 requires Union

importers of minerals falling

under the scope of that

Regulation to carry out due

diligence obligations

consistent with Annex II to

the OECD Due Diligence

Guidance for Responsible

Supply Chains of Minerals

from Conflict-Affected and

High-Risk Areas, and the

due diligence

recommendations set out

therein. [Regulation (EU)

No XX/20XX concerning

batteries and waste batteries

contains obligations for

economic operators to carry

out due diligence in their

supply chains, including

with respect to labour

rights.2] [Regulation (EU)

XX/20XX on making

available on the Union

(9) In addition, Regulation

(EU) 2017/821 of the

European Parliament and of

the Council1 requires Union

importers of minerals falling

under the scope of that

Regulation to carry out due

diligence obligations

consistent with Annex II to

the OECD Due Diligence

Guidance for Responsible

Supply Chains of Minerals

from Conflict-Affected and

High-Risk Areas, and the

due diligence

recommendations set out

therein. [Regulation (EU)

No XX/20XX concerning

batteries and waste batteries

contains obligations for

economic operators to carry

out due diligence in their

supply chains, including

with respect to labour

rights.2] [Regulation (EU)

XX/20XX on making

available on the Union

(9) In addition, Regulation

(EU) 2017/821 of the

European Parliament and of

the Council1 requires Union

importers of minerals or

metals falling under the

scope of that Regulation to

carry out due diligence

obligations consistent with

Annex II to the OECD Due

Diligence Guidance for

Responsible Supply Chains

of Minerals from Conflict-

Affected and High-Risk

Areas, and the due diligence

recommendations set out

therein. [Regulation (EU) No

XX/20XX concerning

batteries and waste

batteriesNo 2023/1542 of

the European Parliament

and of the Council2 contains

obligations for economic

operators to carry out due

diligence in their supply

chains, including with

respect to labour rights.2]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

market as well as export

from the Union of certain

commodities and products

associated with deforestation

and forest degradation3

requires due diligence

regarding the legal and

deforestation free character

of products and commodities

within its scope, including

with respect to human

rights.]

_________ 1. Regulation (EU) 2017/821 of the

European Parliament and of the

Council of 17 May 2017 laying

down supply chain due diligence

obligations for Union importers of

tin, tantalum and tungsten, their

ores, and gold originating from

conflict-affected and high-risk

areas, OJ L 130, 19.5.2017, p. 1.

2. REGULATION OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

concerning batteries and waste

batteries, repealing Directive

2006/66/EC and amending

Regulation (EU) No 20XX/XX, OJ

XX, XX.XX.20XX, p. XX.

3. Regulation of the European

Parliament and of the Council on

the making available on the Union

market as well as export from the

Union of certain commodities and

products associated with

deforestation and forest

degradation and repealing

Regulation (EU) No XXX/20XX,

OJ XX, XX.XX.20XX, p. XX.

market as well as export

from the Union of certain

commodities and products

associated with deforestation

and forest degradation3

requires due diligence

regarding the legal and

deforestation free character

of products and commodities

within its scope, including

with respect to human

rights.]

_________ 1. Regulation (EU) 2017/821 of the

European Parliament and of the

Council of 17 May 2017 laying

down supply chain due diligence

obligations for Union importers of

tin, tantalum and tungsten, their

ores, and gold originating from

conflict-affected and high-risk

areas, OJ L 130, 19.5.2017, p. 1.

2. REGULATION OF THE

EUROPEAN PARLIAMENT

AND OF THE COUNCIL

concerning batteries and waste

batteries, repealing Directive

2006/66/EC and amending

Regulation (EU) No 20XX/XX, OJ

XX, XX.XX.20XX, p. XX.

3. Regulation of the European

Parliament and of the Council on

the making available on the Union

market as well as export from the

Union of certain commodities and

products associated with

deforestation and forest

degradation and repealing

Regulation (EU) No XXX/20XX,

OJ XX, XX.XX.20XX, p. XX.

[Regulation (EU) XX/20XX

on making available on the

Union market as well as

export from the Union of

certain commodities and

products associated with

deforestation and forest

degradation2023/1115 of

the European Parliament

and of the Council3 requires

due diligence regarding the

legal and deforestation free

character of products and

commodities within its

scope, including with respect

to human rights.]

_________ 1. Regulation (EU) 2017/821 of the

European Parliament and of the

Council of 17 May 2017 laying

down supply chain due diligence

obligations for Union importers of

tin, tantalum and tungsten, their

ores, and gold originating from

conflict-affected and high-risk

areas, OJ L 130, 19.5.2017, p. 1.

2. REGULATION OF THE

EUROPEAN PARLIAMENT AND

OF THE COUNCILRegulation

(EU) 2023/1542 of the European

Parliament and of the Council of

12 July 2023 concerning batteries

and waste batteries,

repealingamending Directive

2006/66/EC and

amending2008/98/EC and

Regulation (EU) No 20XX/XX, OJ

XX, XX.XX.20XX, p. XX2019/1020

and repealing Directive

2006/66/EC, OJ L 191, 28.7.2023,

p. 1-117.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

3. Regulation (EU) 2023/1115 of

the European Parliament and of the

Council on the making available on

the Union market as well as export

from the Union of certain

commodities and products

associated with deforestation and

forest degradation and repealing

Regulation (EU) No XXX/20XX, OJ

XX, XX.XX.20XX, p. XXNo

995/2010, OJ L 150, 9.6.2023, p.

206-247.

Recital 10

Y 19

(10) Articles [XX] of

Directive 2013/34/EU of the

European Parliament and of

the Council require Member

States to ensure that certain

economic operators annually

publish non-financial

statements in which they

report on the impact of their

activity on environmental,

social and employee matters,

respect for human rights,

including regarding forced

labour, anti-corruption and

bribery matters.1

[Furthermore, Directive

20XX/XX/EU on Corporate

Sustainability Reporting puts

forward detailed reporting

requirements for covered

companies regarding the

respect of human rights,

including in global supply

(10) Articles [XX] of

Directive 2013/34/EU of the

European Parliament and of

the Council require Member

States to ensure that certain

economic operators annually

publish non-financial

statements in which they

report on the impact of their

activity on environmental,

social and employee matters,

respect for human rights,

including regarding forced

labour, anti-corruption and

bribery matters.126

[Furthermore, Directive

20XX/XX/EU on Corporate

Sustainability Reporting puts

forward detailed reporting

requirements for covered

companies regarding the

respect of human rights,

including in global supply

(10) Articles [XX]Article

19a of Directive 2013/34/EU

of the European Parliament

and of the Council requirein

its version of 21 November

2021 requires Member

States to ensure that certain

economic operators annually

publish non-financial

statements in which they

report on the impact of their

activity on environmental,

social and employee matters,

respect for human rights,

including regarding forced

labour, anti-corruption and

bribery matters.1

[Furthermore, Directive

20XX/XX/EU(EU)

2022/2464 of the European

Parliament and of the

Council on Corporate

Sustainability Reporting puts

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

chains. The information that

undertakings disclose about

human rights should include,

where relevant, information

about forced labour in their

value chains.2]

_________ 1. Directive 2013/34/EU as regards

disclosure of non-financial and

diversity information by certain

large undertakings and groups, OJ

2. Directive 20XX/XX/EU of the

European Parliament and of the

Council amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation (EU)

No 537/2014, as regards corporate

sustainability reporting, OJ XX,

XX.XX.20XX, p. XX.

chains. The information that

undertakings disclose about

human rights should include,

where relevant, information

about forced labour in their

valuesupply chains.227 ]

__________________

26 Directive 2013/34/EU as

regards disclosure of non-

financial and diversity

information by certain large

undertakings and groups,

27 Directive 20XX/XX/EU

of the European Parliament

and of the Council

amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation

(EU) No 537/2014, as

regards corporate

sustainability reporting, OJ

XX, XX.XX.20XX, p. XX. _________ 1. Directive 2013/34/EU as

regards disclosure of non-financial

and diversity information by

certain large undertakings and

groups, OJ

2. Directive 20XX/XX/EU of the

European Parliament and of the

Council amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation (EU)

No 537/2014, as regards corporate

sustainability reporting, OJ XX,

XX.XX.20XX, p. XX.

forwardamended that

requirement by introducing detailed reporting

requirements for covered

companies regarding the

respect of human rights,

including in global supply

chains. The information that

undertakings disclose about

human rights should include,

where relevant, information

about forced labour in their

value chains.2]

_________ 1. Directive 2013/34/EU as regards

disclosure of non-financial and

diversity information by certain

large undertakings and groups, OJ

2. Directive 20XX/XX/EU of the

European Parliament and of the

Council amending Directive

2013/34/EU, Directive

2004/109/EC, Directive

2006/43/EC and Regulation

Regulation 2014/537/EU(EU) No

537/2014, as regards corporate

sustainability reporting, OJ XX,

XX.XX.20XX, p. XX L 322,

16.12.2022, p. 15.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 10a

Y 19a

(10a) As a member of the

World Trade Organisation

(WTO), the Union is

committed to promoting a

rules-based, open,

multilateral trading system.

Any measures introduced by

the Union that affect trade

should be WTO compliant.

Furthermore, all measures

introduced by the Union

that affect trade should take

into account the possible

response of the Union’s

trade partners and ensure

that the enforcement of the

measure is not perceived as

a unilateral, protectionist

measure.

Recital 11

G 20

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

(11) In July 2021, the

Commission and the

European External Action

Service published guidance

to assist Union businesses in

taking appropriate measures

to address the risk of forced

labour in their operations

and supply chains.1

_________

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

1. Guidance on due diligence for

EU businesses to address the risk

of forced labour in their operations

and supply chains.

Text Origin: Commission

Proposal

Recital 12

G 21

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

(12) As recognised in the

Commission’s

Communication on decent

work worldwide1,

notwithstanding the current

policies and legislative

framework, further action is

needed to achieve the

objectives of eliminating

forced-labour products from

the Union market and,

hence, further contributing

to the fight against forced

labour worldwide.

_________ 1. Communication 23 March 2022

from the Commission to the

European Parliament, the Council

and the European Economic and

Social Committee on decent work

worldwide for a global just

transition and a sustainable

recovery (COM(2022) 66 final).

Text Origin: Commission

Proposal

Recital 12a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Y 21a

(12a) Promoting decent

work and a human-centred

future of work ensuring the

respect of fundamental

principles and human

rights, promoting social

dialogue as well as the

ratification and effective

implementation of relevant

ILO conventions and

protocols, strengthening

responsible management in

global supply chains and

access to social protection

are core priorities of the

Union as enshrined in the

EU Action Plan on Human

Rights and Democracy

2020-2024.

Recital 13

G 22

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

(13) The European

Parliament in its resolutions

strongly condemned forced

labour and called for a ban

on products made with

forced labour.1 It is therefore

a matter of public moral

concern that products made

with forced labour could be

available on the Union

market or exported to third

countries without an

effective mechanism to ban

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

or withdraw such products.

_________ 1. See Resolutions: MOTION FOR

A RESOLUTION on a new trade

instrument to ban products made

by forced labour (europa.eu), Texts

adopted - Forced labour and the

situation of the Uyghurs in the

Xinjiang Uyghur Autonomous

Region - Thursday, 17 December

2020 (europa.eu), Texts adopted -

Forced labour in the Linglong

factory and environmental protests

in Serbia - Thursday, 16 December

2021 (europa.eu).

Text Origin: Commission

Proposal

Recital 14

G 23

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

(14) To complete the Union

legislative and policy

framework on forced labour,

the placing and making

available on the Union

market products made with

forced labour or exporting

domestically produced or

imported products made

with forced labour should be

prohibited and it should be

ensured that those products

are withdrawn from the

Union market.

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 15

G 24

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

(15) Currently there is no

Union legislation that

empowers Member States’

authorities to directly detain,

seize, or order the

withdrawal of a product on

the basis of a finding that it

was made, whether in whole

or in part, with forced

labour.

Text Origin: Commission

Proposal

Recital 16

Y 25

(16) In order to ensure the

effectiveness of the

prohibition, such prohibition

should apply to products for

which forced labour has

been used at any stage of

their production,

manufacture, harvest and

extraction, including

working or processing

related to the products. The

prohibition should apply to

all products, of any type,

including their components,

and should apply to products

regardless of the sector, the

origin, whether they are

domestic or imported, or

(16) In order to ensure the

effectiveness of the

prohibition, such prohibition

should apply to products for

which forced labour has

been used at any stage of

their production,

manufacture, harvest and

extraction, including

working or processing

related to the products. The

prohibition should apply to

all products, of any type,

including their components,

and should apply to products

regardless of the sector, the

origin, whether they are

domestic or imported, or

(16) In order to ensure the

effectiveness of the

prohibition, such prohibition

should apply to products for

which forced labour has

been used at any stage of

their production,

manufacture, harvest and

extraction, including

working or processing

related to the products. The

prohibition should apply to

all products, of any type,

including their components,

and should apply to products

regardless of the sector, the

origin, whether they are

domestic or imported, or

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

placed or made available on

the Union market or

exported.

placed or made available on

the Union market or

exported.

placed or made available on

the Union market or

exported. This Regulation

should not apply to the

activities of a natural or

legal person or association

of persons domiciled in the

European Union that

provides transport services

unless that person or

association can be qualified

as an economic operator as

defined pursuant to this

Regulation.

Recital 17

R 26

(17) The prohibition should

contribute to the

international efforts to

abolish forced labour. The

definition of ‘forced labour’

should therefore be aligned

with the definition laid down

in ILO Convention No. 29.

The definition of ‘forced

labour applied by state

authorities’ should be

aligned with ILO

Convention No. 105, which

prohibits specifically the use

of forced labour as

punishment for the

expression of political

views, for the purposes of

economic development, as a

(17) The market ban,

which enables the

prohibition of import and

export of products and

services made with forced

labour, should contribute to

the international efforts to

abolish forced labour. The

definition of ‘forced labour’

should therefore be aligned

with the definition laid down

in ILO Convention No. 29.

The definition of ‘forced

labour applied by state

authorities’ should be

aligned with ILO

Convention No. 105, which

prohibits specifically the use

of forced labour as

(17) The prohibition should

contribute to the

international efforts to

abolish forced labour. The

definition of ‘forced labour’

should therefore be aligned

with the definition laid down

in ILO Convention No. 29.

The definition of ‘forced

labour applied by state

authorities’ should be

aligned with ILO Convention

No. 105, stating that forced

or compulsory labour

means all work or service

which is exacted from any

person under the menace of

any penalty and for which

the said person has not

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

means of labour discipline,

as a punishment for

participation in strikes, or as

a means of racial, religious

or other discrimination.1

_________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery and

human trafficking) (ilo.org) and the

ILO Conventions No. 29 and No.

105 referred therein.

punishment for the

expression of political

views, for the purposes of

economic development, as a

means of labour discipline,

as a punishment for

participation in strikes, or as

a means of racial, religious

or other discrimination 31.1

Article 3(a) of ILO

Convention No. 182

concerning the Prohibition

and Immediate Action for

the Elimination of the

Worst Forms of Child

Labour refers to all forms

of slavery or practices

similar to slavery, such as

the sale and trafficking of

children, debt bondage and

serfdom and forced or

compulsory labour,

including forced or

compulsory recruitment of

children for use in armed

conflict. The UN

Convention on the Rights of

Persons With Disabilities

prohibits exposing persons

with disabilities to forced

labour and requires that

persons with disabilities are

protected, on an equal basis

with others, from forced or

compulsory labour. The

principle of equal treatment

should also apply in

offered himself voluntarily,

with the exclusion of (a)

any work or service exacted

in virtue of compulsory

military service laws for

work of a purely military

character; (b) any work or

service which prohibits

specifically the use of forced

labour as punishment for the

expression of political views,

for the purposes of economic

developmentforms part of

the normal civic obligations

of the citizens of a fully self-

governing country; (c) any

work or service exacted

from any person as a

consequence of a conviction

in a court of law, provided

that the said work or service

is carried out under the

supervision and control of a

public authority and that

the said person is not hired

to or placed at the disposal

of private individuals,

companies or associations;

(d) any work or service

exacted in cases of

emergency, that is to say, in

the event of war or of a

calamity or threatened

calamity, such as fire, flood,

famine, earthquake, violent

epidemic or epizootic

diseases, invasion by

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

sheltered workshops. Where

products or services

originating from

geographic areas,

production sites or

economic activities in

certain sectors in specific

areas with systematic and

wide spread forced labour

practices listed in the

database under Article 11 of

this Regulation, competent

authorities should presume

that they were

manufactured or provided

using forced labour. In

such cases, it should be the

responsibility of the

economic operator to

demonstrate that its product

or service was

manufactured or provided

without using forced

labour, and that, in case of

a decision under Article

6(4), any use of forced

labour was remediated. In

all cases, competent

authorities should ensure

that the burden of proof is

not disproportionately high.

The Commission, after

engaging with relevant

experts, including from the

ILO, OECD, EEAS, social

partners and civil society,

should engage in the efforts

animal, insect or vegetable

pests, and in general any

circumstance that would

endanger the existence or

the well-being of the whole

or part of the population;

(e) minor communal

services of a kind which,

being performed by the

members of the community

in the direct interest of the

said community, can

therefore be considered as

normal civic obligations

incumbent upon the

members of the community,

provided that the members

of the community or their

direct representatives shall

have the right to be

consulted in regard to the

need for such services as a

means of labour discipline,

as a punishment for

participation in strikes, or as

a means of racial, religious

or other discrimination.1

_________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery

and human trafficking) (ilo.org)

and the ILO Conventions No. 29

and No. 105 referred therein.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to bring to an end forced

labour by providing, in the

database under Article 11 of

this Regulation, regularly

updated information on

forced labour risks in

specific geographic areas,

production sites and

economic activities in

certain sectors in specific

areas. The database should

be clear and transparent in

order to enable economic

operators, and in particular

SMEs and micro-

enterprises, to use the data

for their due diligence.

Such data should be freely

and easily accessible to the

public, in a format also

accessible to persons with

disabilities and in all

working languages of the

Union.

__________________

31 What is forced labour,

modern slavery and human

trafficking (Forced labour,

modern slavery and human

trafficking) (ilo.org) and the

ILO Conventions No. 29

and No. 105 referred

therein. _________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and human trafficking) (ilo.org)

and the ILO Conventions No. 29

and No. 105 referred therein.

Recital 17a

R 26a

(17a) Based on the

definition of forced labour

specified in ILO Convention

No. 29 and used in this

Regulation, the ‘ILO

Indicators of Forced

Labour’ and the ‘Hard to

See, Harder to Count’ ILO

guidelines represent the

most common signs that

point to the possible

existence of a forced labour

case and should be taken

into account when

enforcing the prohibition.

However, these indicators

may be insufficient for the

identification of forced

labour imposed by state

authorities. These practices

of forced labour are based

on systemic and global

coercive policies that

require additional,

specifically designed

indicators.

(17a) In the same line, the

definition of ‘forced labour

applied by state authorities’

should be aligned with the

notion as found in ILO

Convention No. 105, which

prohibits specifically the use

of forced labour or

compulsory labour as a

means of political coercion

or education or as

punishment for the

expression of political views

or views ideologically

opposed to the established

political, social or economic

system, as a method of

mobilising and using it for

the purposes of economic

development, as a means of

labour discipline, as a

punishment for having

participated in strikes, or as

a means of racial, social,

national or religious

discrimination.1 _________ 1. What is forced labour, modern

slavery and human trafficking

(Forced labour, modern slavery

and human trafficking) (ilo.org)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and the ILO Conventions No. 29

and No. 105 referred therein.

Second sentence of Recital 17 with amendments

Recital 17b

Y 26b

(17b) Distance selling,

including online selling,

should also fall within the

scope of this Regulation. In

the case of a product

offered for sale online or

through other means of

distance sales, the product

should be considered to

have been made available

on the market if the offer

for sale is targeted at [end-

users] in the Union. In line

with the applicable Union

rules on private

international law, a case-

by-case analysis should be

carried out in order to

establish whether an offer is

targeted at [end-users] in

the Union. An offer for sale

should be considered to be

targeted at [end-users] in

the Union if the relevant

economic operator directs,

by any means, its activities

to a Member State. For the

case-by-case analyses,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

relevant factors, such as the

geographical areas to which

dispatch is possible, the

languages available, used

for the offer or for ordering,

means of payment, the use

of currency of the Member

State or a domain name

registered in one of the

Member States should be

taken into consideration. In

the case of online sales, the

mere fact that the economic

operators’ or the providers

of online marketplaces’

interface is accessible in the

Member State in which the

[end-user] is established or

domiciled is insufficient.

The fact that the product

offered for sale online or

through other means of

distance sales is considered

to have been made available

on the market if the offer

for sale is targeted at end-

users in the Union should

be without prejudice to

rules regarding products

entering or leaving the

Union market.

Recital 17c

Y 26c

(17c) Intermediary

services, in particular

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

online platforms have

become increasingly used

for the sale of products. In

this regards, information

related to the advertising,

promotion and sale of

products contravening the

prohibition established in

this Regulation should be

considered illegal content

within the meaning of

article 3(h) of Regulation

(EU) 2022/2065 of the

European Parliament and

of the Council of 19

October 2022 on a Single

Market For Digital Services

and amending Directive

2000/31/EC (Digital

Services Act) and should be

subject to the obligations

and measures under that

Regulation.

Recital 17d

Y 26d

(17d) The application of

the rules in this Regulation

regarding distance sales is

without prejudice to the

rules on products entering

or leaving the Union.

Recital 18

Y 26e Y

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

value chain management and

due diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Moved reference text

(1918) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

valuesupply chain

management and due

diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Moved from row 28 [28 - 26e]

(19EP19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

human and financial

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

valuelabour rights, gender

equality, supply chain

management and due

diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Recital 17a

Y 26f

(44) To ensure effective

enforcement of the

prohibition, it is necessary to

(4419) To ensure effective

enforcement of the

prohibition, it is necessary to

(44EP44) To ensure

effective enforcement of the

prohibition, it is necessary to

(4419) To ensure effective

enforcement of the

prohibition, it is necessary to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

between Member States and

the Commission, thereby

helping to strengthen the

enforcement of the

prohibition.

Moved reference text

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of jointon cross-border

investigations and enforcement activities by

Member States, including

joint investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

between Member States and

the Commission, thereby

helping to strengthen the

enforcement of the

prohibition. Where the tasks

of the network relate to

customs, they shall be

carried out in accordance

with the Union Customs

Code. Moved from row 53 [53 - 26f]

establish a network,

coordinated by the

Commission, aimed at

structured coordination and

cooperation between the

Commission, the competent

authorities of the Member

States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations, facilitate

capacity building activities,

such as the organisation of

training programmes for

competent authorities and

other relevant stakeholders,

promote exchanges of

personnel between

competent authorities and,

where appropriate, with the

authorities of partner third

countries or with

international organisations,

assist in the organisation of

information campaigns and

voluntary mutual visit

programmes between

competent authorities,

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs

(19a) Competent authorities

and the Commission should

be guided by the principle of

proportionality when

implementing this

Regulation. Competent authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

involve and facilitate the

diplomatic representations

of the Union to assist in the

information gathering

efforts of this Regulation.

The. That administrative

support structure to be

provided by the Commission

should allow the pooling of

resources and maintain a

communication and

information system between

Member States and the

Commission, thereby

helping to strengthen the

enforcement of the

prohibition.

(44a) The Commission

should ensure the effective

and uniform application of

this Regulation and to that

effect support and

encourage cooperation

between enforcement

authorities through the

Network.

between Member States and

the Commission, thereby

helping to strengthen the

enforcement of the

prohibitionensure, in

particular, that all the

measures and actions

carried out during the

preliminary investigation

and the investigation and

set out in the decision are

suitable and necessary to

achieve the desired purpose

and do not impose a burden

on economic operators that

is excessive in relation to

the objective sought.

Recital 20

Y 26g

(23) In order to ensure

cooperation among

competent authorities

designated under this and

other relevant legislation and

in order to ensure

(2320) In order to ensure

cooperation among

competent authorities

designated under this and

other relevant legislation and

in order to ensure

(23EP23) In order to ensure

cooperation among the

Commission and competent

authorities designated under

this and other relevant

legislation and in order to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

consistency in their actions

and decisions, competent

authorities designated under

this Regulation should

request information from

other relevant authorities,

where necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.

Moved reference text

consistency in their actions

and decisions, competent

authorities designated under

this Regulation should

request information from

other relevant authorities,

where necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour. For the same

purposes, and where

appropriate, competent

authorities designated

under this Regulation

should inform other

relevant authorities, such as

Market Surveillance

authorities, of their actions

and decisions. Moved from row 32 [32 - 26g]

ensure consistency in their

actions and decisions,

competent authorities

designated under this

Regulation should request

information from other

relevant authorities, where

necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour. When requesting

information from economic

operators, competent

authorities should whenever

possible follow the

Commission’s once-only

principle, through increased

cooperation and dialogue

between authorities who are

engaged in overseeing

product regulation.

(23a) Considering the

robust amount of evidence

available regarding forced

labour cases, in particular

products, regions or sectors,

competent authorities

should, after a risk-

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

assessment, focus their

investigations on situations

that present a higher risk of

use of forced labour and

that have an increased

societal and economic

impact, due to the large

dimension of economic

operators or their presence

in a large number of supply

chains.

(23b) In order to ensure

consistency in the actions

and decisions by competent

authorities, the Commission

should closely coordinate

with competent authorities.

Recital 21

Y 26h

(39) A uniform enforcement

of the prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission.

Moved reference text

(3921) A uniform

enforcement of the

prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission.

Moved from row 48 [48 - 26h]

(39EP39) A uniform

enforcement of the

prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission. This

cooperation should be

coordinated by the

Commission.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 17b

G 26i

(40) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

Moved reference text

(4022) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the investigations, decision-

making process, and

enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

Moved from row 49 [49 - 26i]

(40EP40) For the

collection, processing and

storage of information, in a

structured form, on issues

relating to the enforcement

of the prohibition, the

competent authorities should

use ICSMS. The

Commission, competent

authorities and customs

authorities should have

access to that system to carry

out their respective duties

under this Regulation.

(4017b) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the investigations, decision-

making process, and

enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

It is also possible for

competent authorities to use

other existing

communication systems

with other authorities

within their own Member

State, as long as this does

not affect the obligation of

using ICSMS for the

purposes of implementing

and enforcing this

Regulation.

Recital 17c

G 26j

(41) In order to optimise

and unburden the control

(4123) In order to optimise

and unburden the control

(41EP41) In order to

optimise and unburden the

(4123) In order to optimise

and unburden the control

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

control process of products

entering or leaving the

Union market, it is necessary

to allow for an automated

data transfer between the

ICSMS and customs

systems. Three different data

transfers should be

distinguished in view of

their respective purposes.

Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/244711, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

suspension, the conclusion

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

requirement.

_________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

Moved reference text

requirement.

_________ 1. [1] Commission

Implementing Regulation (EU)

2015/2447 of 24 November 2015

laying down detailed rules for

implementing certain provisions of

Regulation (EU) No 952/2013 of

the European Parliament and of the

Council laying down the Union

Customs Code, OJ L 343,

29.12.2015, p. 558.

Moved from row 50 [50 - 26j]

and any other ancillary

requirement.

_________

1. Commission

Implementing Regulation

(EU) 2015/2447 of 24

November 2015 laying

down detailed rules for

implementing certain

provisions of Regulation

(EU) No 952/2013 of the

European Parliament and

of the Council laying down

the Union Customs Code,

OJ L 343, 29.12.2015, p.

558. _________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

requirement.

_________ 1. [1] Commission

Implementing Regulation (EU)

2015/2447 of 24 November 2015

laying down detailed rules for

implementing certain provisions of

Regulation (EU) No 952/2013 of

the European Parliament and of the

Council laying down the Union

Customs Code, OJ L 343,

29.12.2015, p. 558.

Text Origin: Council

Mandate

Recital 23a

R 26k

(23a) The Commission

should set up a database,

calling on external expertise

if needed to provide a

publicly available database

with indicative, non-

exhaustive, verifiable and

regularly updated

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information about forced

labour risks in specific

geographic areas or with

respect to specific products.

The database shall prioritise

the identification of

widespread and severe

forced labour risks. The

database will support the

work of competent

authorities in assessing

possible violations of the

prohibition and will

facilitate that economic

operators identify possible

forced labour risks in their

supply chains

Recital 18

(18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue guidelines on

due diligence in relation to

forced labour, which should

take into account also the

size and economic resources

of economic operators. In

addition, the Commission

(18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue thorough

guidelines on due diligence

in relation to forced labour,

which should take into

account also the size and

economic resources of

economic operators. In

Moved to row 32c [27 - 32c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

should issue guidelines on

forced-labour risk indicators

and on publicly available

information in order to help

SMEs, as well as other

economic operators, to

comply with the

requirements of the

prohibition.

addition, the Commission

should issue clear guidelines

on forced-labour risk

indicators, including how to

identify them, which should

be based on independent

and verifiable and on

publicly available

information, including

reports from international

organisations, in particular

the International Labour

Organization, whose ‘Hard

to see, harder to count’

guidelines are the current

gold-standard for

identification of forced

labour in order to help

SMEs, as well as other

economic operators, to

comply with the

requirements of the

prohibition.

Recital 18a

27a

(18a) The Commission

should also issue guidelines

on how to engage in

dialogue with competent

authorities in order to help

economic operators, and in

particular SMEs, as well as

other stakeholders, to

comply with the

requirements of the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

prohibition. Furthermore,

the Commission should also

issue guidelines to assist

any person or association in

submitting information.

Recital 18b

27b

(18b) Taking into account

the variety of Union law

dealing with forced labour

issues, the Commission

should provide additional

guidance for economic

operators, in particular

SMEs, on how to apply the

different obligations

stemming from Union law.

The Commission should

also, where appropriate,

prevent unnecessary

administrative burdens on

SMEs. In addition, the

Commission should develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

initiatives.

Recital 19

(19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

value chain management and

due diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

(19) The competent

authorities of the Member

States should monitor the

market to identify violations

of the prohibition. In

appointing those competent

authorities, Member States

should ensure that those

authorities have sufficient

human and financial

resources and that their staff

has the necessary

competences and

knowledge, especially with

regard to human rights,

valuelabour rights, gender

equality, supply chain

management and due

diligence processes.

Competent authorities

should closely coordinate

with national labour

inspections and judicial and

law enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

in such a way as to avoid

jeopardising investigations

by such authorities.

Moved to row 26e [28 - 26e]

Recital 20

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(20) In order to increase the

effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

(20) In order to increase the

effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

Moved to row 33a [29 - 33a]

Recital 21

(21) When identifying

potential violations of the

prohibition, the competent

authorities should follow a

risk-based approach and

assess all information

available to them.

Competent authorities

should initiate an

investigation where, based

on their assessment of all

available information, they

establish that there is a

substantiated concern of a

violation of the prohibition.

(21) When identifying

potential violations of the

prohibition, the Commission

or the competent authorities

should follow a risk-based

approach and assess all

information available to

them. In order to implement

the risk-based approach in

the prioritisation of their

investigations, the

Commission and competent

authorities should take into

account the size and

economic resources of the

economic operator, and in

particular if this operator is

a micro, small or medium-

sized enterprise, the share

of forced labour

components in the final

product, the quantity of

products concerned, the

Moved to row 32k [30 - 32k]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

scale of suspected forced

labour, and whether forced

labour imposed by state

authorities could be a

concern. They should also

take into account if the

economic operator is under

the scope of Directive XXX

[CSDD] and has to perform

mandatory due diligence.

The Commission or

competent authorities should

initiate an investigation

where, based on their

assessment of all available

information, or on the basis

of any other facts available

where it was not possible to

gather information and

evidence, they establish that

there is a substantiated

concern of a violation of the

prohibition. Before

initiating an investigation,

competent authorities

should be able to request

additional information from

economic operators under

assessment but also from

other relevant stakeholders,

including the persons or

associations having

submitted relevant

information to competent

authorities and any other

stakeholder working on the

products or regions related

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries. Competent

authorities should be able to

opt for not requesting

additional information from

economic operators if they

assess that this could lead to

an attempt by those

economic operators to hide

a situation of forced labour

and thus endanger the

investigation.

Recital 22

(22) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or bring

to an end risks of forced

labour in their operations

and value chains with

respect to the products under

assessment. Carrying out

such due diligence in

relation to forced labour

should help the economic

operator to be at a lower risk

of having forced labour in its

operations and value chains.

(22) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or, bring

to an end risks of forced

labour or remediate forced

labour cases in their

operations and valuesupply

chains with respect to the

products under assessment.

Carrying out such due

diligence in relation to

forced labour should

helpcontribute to helping

the economic operator to be

Moved to row 33b [31 - 33b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Appropriate due diligence

means that forced labour

issues in the value chain

have been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, no

investigation should be

initiated.

at a lower risk of having

forced labour in its

operations and valuesupply

chains. Appropriate due

diligence meanscould mean

that forced labour issues in

the valuesupply chain have

been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, or that the

reasons that motivated the

existence of a substantiated

concern have been

eliminated, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, and, where

possible, demonstrates that

remediation of forced

labour cases has been

provided, no investigation

should be initiated.

Economic operators, which

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

are not within the scope of

[Directive 20XX/XX/EU on

Corporate Sustainability

Due Diligence], shall not be

disadvantaged for the sole

fact of not having

conducted due diligence in

accordance with that

Directive, including when

they are faced with a

reversed burden of proof as

a consequence of the high

risk of forced labour

imposed by state authorities.

Recital 23

(23) In order to ensure

cooperation among

competent authorities

designated under this and

other relevant legislation and

in order to ensure

consistency in their actions

and decisions, competent

authorities designated under

this Regulation should

request information from

other relevant authorities,

where necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

applicable Union legislation

(23) In order to ensure

cooperation among the

Commission and competent

authorities designated under

this and other relevant

legislation and in order to

ensure consistency in their

actions and decisions,

competent authorities

designated under this

Regulation should request

information from other

relevant authorities, where

necessary, on whether

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced labour

in accordance with

Moved to row 26g [32 - 26g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour. When requesting

information from economic

operators, competent

authorities should whenever

possible follow the

Commission’s once-only

principle, through increased

cooperation and dialogue

between authorities who are

engaged in overseeing

product regulation.

Recital 23a

32a

(23a) Considering the

robust amount of evidence

available regarding forced

labour cases, in particular

products, regions or sectors,

competent authorities

should, after a risk-

assessment, focus their

investigations on situations

that present a higher risk of

use of forced labour and

that have an increased

societal and economic

impact, due to the large

dimension of economic

operators or their presence

in a large number of supply

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

chains.

Recital 23b

32b

(23b) In order to ensure

consistency in the actions

and decisions by competent

authorities, the Commission

should closely coordinate

with competent authorities.

Recital 24

Y 32c

(18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue guidelines on

due diligence in relation to

forced labour, which should

take into account also the

size and economic resources

of economic operators. In

addition, the Commission

should issue guidelines on

forced-labour risk indicators

and on publicly available

information in order to help

SMEs, as well as other

economic operators, to

(1824) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue guidelines on

due diligence in relation to

forced labour, which should

take into account also the

size and economic resources

of economic operators. In

addition, the Commission

should issue guidelines on

forced-labour risk indicators

and on publicly available

information in order to help

SMEs, as well as other

economic operators, to

(18EP18) Micro, small and

medium-sized enterprises

(’SMEs’) can have limited

resources and ability to

ensure that the products they

place or make available on

the Union market are free

from forced labour. The

Commission should

therefore issue thorough

guidelines on due diligence

in relation to forced labour,

which should take into

account also the size and

economic resources of

economic operators. In

addition, the Commission

should issue clear guidelines

on forced-labour risk

indicators, including how to

identify them, which should

be based on independent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

comply with the

requirements of the

prohibition.

Moved reference text

comply with the

requirements of the

prohibition.

Moved from row 27 [27 - 32c]

and verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, whose ‘Hard

to see, harder to count’

guidelines are the current

gold-standard for

identification of forced

labour.

(18a) The Commission

should also issue guidelines

on how to engage in

dialogue with competent

authorities and on publicly

available information in

order to help economic

operators, and in particular

SMEs, as well as other

economic

operatorsstakeholders, to

comply with the

requirements of the

prohibition. Furthermore,

the Commission should also

issue guidelines to assist

any person or association in

submitting information.

(18b) Taking into account

the variety of Union law

dealing with forced labour

issues, the Commission

should provide additional

guidance for economic

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operators, in particular

SMEs, on how to apply the

different obligations

stemming from Union law.

The Commission should

also, where appropriate,

prevent unnecessary

administrative burdens on

SMEs. In addition, the

Commission should develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

Recital 25

R 32d

(33) The Commission

should issue guidelines in

order to facilitate the

implementation of the

prohibition by economic

operators and competent

authorities. Such guidelines

should include guidance on

due diligence in relation to

forced labour and

(3325) The Commission

should issue guidelines in

order to facilitate the

implementation of the

prohibition by economic

operators and competent

authorities. Such guidelines

should include guidance on

due diligence in relation to

forced labour and

(33EP33) The Commission

should issue detailed

guidelines in order to

facilitate the implementation

of the prohibition by

economic operators and

competent authorities. Such

guidelines should include

guidance on due diligence in

relation to forced labour, in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

complementary information

for the competent authorities

to implement the

prohibition. The guidance on

due diligence in relation to

forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Moved reference text

complementary information

for the competent authorities

to implement the

prohibition. The

Commission should publish

different sets of guidelines

specifically targeted to

economic operators and to

competent authorities, as

well as any other general

guidelines that might be

relevant for all parties. The

guidance on due diligence in

relation to forced labour

should build on the

Guidance on due diligence

for Union businesses to

address the risk of forced

labour in their operations

and supply chains published

by the Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The guidelines

should also rely on

experience and best

practices from relevant

Member State authorities,

such as helpdesks on

business and human rights.

The reports from

international organisations,

particular for all economic

operators that fall outside

the scope of the [Directive

20XX/XX/EU on Corporate

Sustainability Due

Diligence], since they will

not have to comply with any

mandatory due diligence

obligations, and

complementary information

for the competent authorities

to implement the

prohibition. The guidance

for economic operators

outside the scope of [CSDD]

should focus in particular

on compliance in cases

where these economic

operators are faced with a

reversed burden of proof as

a consequence of delegated

acts adopted by the

Commission of forced

labour imposed by state

authorities. The guidance

on due diligence in relation

to forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Moved from row 42 [42 - 32d]

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The guidelines

should provide tailored

recommendations for

different sectors of activity,

taking into account

specificities of the activities

and the respective supply

chains. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Recital 26

R 32e

(45) Since forced labour is a

global problem and given

the interlinkages of the

global value chains, it is

necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

(4526) Since forced labour

is a global problem and

given the interlinkages of the

global value chains, it is

necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

(45EP45) Since forced

labour is a global problem

and given the interlinkages

of the global valuesupply

chains, it is necessary to

promote international

cooperation against forced

labour, which would also

improve the efficiency of

applying and enforcing the

prohibition. The

Commission should as

appropriately cooperate with

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with authorities of third

countries and international

organisations to enhance the

effective implementation of

the prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved reference text

with authorities of third

countries and international

organisations to enhance the

effective implementation of

the prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved from row 54 [54 - 32e]

and exchange information

with authorities of third

countries and international

organisations, as well as

with other actors, to

enhance the effective

implementation of the

prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

Existing dialogue structures

with third countries include

the (sub)committees on

trade and sustainable

development in trade

agreements or the dialogue

foreseen within the

Generalised System of

Preferences. The

Commission should ensure

coherence and synergies

between relevant external

policies, in particular

development cooperation

and projects focusing on the

eradication of forced

labour, and it should also

foster the creation of

enabling environments in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

third countries to promote

and protect human rights,

including capacity building

to support workers and

local communities in their

efforts to root out forced

labour from global supply

chains. Additionally, the

Commission should have

regular contact and

cooperation in particular

with countries that have

similar legislation in place,

to share information of risk

products or regions as well

as best practices for

bringing to an end forced

labour. Union delegations

should have an important

role when it comes to

disseminating information

on this Regulation and

should facilitate the

possibility of third parties in

third countries to provide

information on the

existence of forced labour

on a determined product.

Recital 26a

Y 32f

(26a) The Commission

should take into due

consideration the risk of

disengagement by economic

operators who are related to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

products or regions either

in database or to risk

indicators in the guidelines,

or who have had their

product removed from the

Union market.

Recital 27

R 32g

(32) Any person, whether it

is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission.

Moved reference text

(3227) Any person, whether

it is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission. This submission

of information should be

facilitated by the creation of

a single online portal by the

Commission. Moved from row 41 [41 - 32g]

(32EP32) Any person,

whether it is a natural or

legal person, or any

association not having legal

personality, should be

allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission. Submissions

should be addressed to one

or more competent

authorities. Adequate

protection measures should

be put in place to ensure the

safety of any person

associated with the

submission or the

information contained

within it, including from

retaliation and reprisals.

Where necessary, those

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

protection measures could

go beyond the provisions in

Directive (EU) 2019/1937.

To ensure ease of use for

the submission of

information and the

standardisation of the

information provided, the

Commission should set up a

mechanism for the

submission of information,

such as a designated

webportal at the Union

level, available in all official

languages of the institutions

of the Union, and free of

charge, and ensure that it is

user-friendly and easily

accessible, including for

persons with disabilities.

Recital 27a

Y 32h

(27a) Whistleblowers can

bring new information to

the attention of competent

authorities to help them to

detect infringements of this

Regulation and enable them

to take action. It should be

ensured that adequate

arrangements are in place

to enable whistleblowers to

alert the competent

authorities to actual or

potential infringements of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

this Regulation and to

protect the whistleblowers

from retaliation. For that

purpose, it should be

provided in this Regulation

that Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 is applicable to the

reporting of breaches of this

Regulation and to the

protection of persons

reporting such breaches. _________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17-56.

Recital 27b

Y 32i

(27b) To enhance legal

certainty, the applicability,

pursuant to this Regulation,

of Directive (EU) 2019/1937

to reports of breaches of

this Regulation and to the

protection of persons

reporting such breaches

should be reflected in that

Directive. The Annex to

Directive (EU) 2019/1937

should therefore be

amended accordingly. It is

for the Member States to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

ensure that this amendment

is reflected in their

transposition measures

adopted in accordance with

Directive (EU) 2019/1937,

although the adoption of

national transposition

measures is not a condition

for the applicability of that

Directive to the reporting of

breaches of this Regulation

and to the protection of

reporting persons from the

date of application of this

Regulation.

Recital 27c

Y 32j

(27c) To ensure ease of

access to relevant

information on this

Regulation, the Commission

should set up a single

webportal at the Union

level, available to the public

in all official languages.

The links to the websites,

portals or platforms

dedicated to [Directive

20XX/XX/EU on Corporate

Sustainability Due

Diligence], and particularly

human rights due diligence,

should also be available.

Recital 28

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

R 32k

(21) When identifying

potential violations of the

prohibition, the competent

authorities should follow a

risk-based approach and

assess all information

available to them.

Competent authorities

should initiate an

investigation where, based

on their assessment of all

available information, they

establish that there is a

substantiated concern of a

violation of the prohibition.

Moved reference text

(2128) When identifying

potential violations of the

prohibition, the competent

authorities should follow a

risk-based approach and

assess all information

available to them.

Competent authorities

should initiate an

investigation where, based

on their assessment of all

available information, they

establish that there is a

substantiated concern of a

violation of the prohibition.

Moved from row 30 [30 - 32k]

(21EP21) When identifying

potential violations of the

prohibition, the Commission

or the competent authorities

should follow a risk-based

approach and assess all

information available to

them. In order to implement

the risk-based approach in

the prioritisation of their

investigations, the

Commission and competent

authorities should take into

account the size and

economic resources of the

economic operator, and in

particular if this operator is

a micro, small or medium-

sized enterprise, the share

of forced labour

components in the final

product, the quantity of

products concerned, the

scale of suspected forced

labour, and whether forced

labour imposed by state

authorities could be a

concern. They should also

take into account if the

economic operator is under

the scope of Directive XXX

[CSDD] and has to perform

mandatory due diligence.

The Commission or

competent authorities should

initiate an investigation

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

where, based on their

assessment of all available

information, or on the basis

of any other facts available

where it was not possible to

gather information and

evidence, they establish that

there is a substantiated

concern of a violation of the

prohibition. Before

initiating an investigation,

competent authorities

should be able to request

additional information from

economic operators under

assessment but also from

other relevant stakeholders,

including the persons or

associations having

submitted relevant

information to competent

authorities and any other

stakeholder working on the

products or regions related

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries. Competent

authorities should be able to

opt for not requesting

additional information from

economic operators if they

assess that this could lead to

an attempt by those

economic operators to hide

a situation of forced labour

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and thus endanger the

investigation.

Recital 28a

R 32l

(28a) To ensure a balanced

approach between the

Member States and the

Commission, the notion of

‘Union interest’ should

serve as an allocation key in

the preliminary and

investigation phases. In

determining the Union

interest, competent

authorities and the

Commission should assess

all relevant, verifiable and

credible information

available to them. Union

interest should be presumed

if one or more of the

following criteria are met:

the scale and severity of

suspected forced labour;

whether the risks of

suspected forced labour are

located outside the territory

of the Union; and whether

the products suspected to

have been made with forced

labour, including where the

products concerned are of

critical importance to the

Union, have a significant

impact on the internal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

market. Products suspected

to have been made with

forced labour are presumed

to have a significant impact

on the internal market

where the products

concerned are present in at

least three Member States.

A product shall be

presumed to be present in

three Member States in any

of the following situations:

(i) the product is

manufactured in these

Member States, (ii) the

product is placed or made

available or is to be placed

or made available in order

to reach the end-users of

these Member States, (iii)

the product is exported from

these Member States, (iv)

any combination of the

situations under (i), (ii) and

(iii) thereof.

Recital 28b

R 32m

(28b) To ensure a uniform

approach regarding

submitted information, the

Commission should assess

whether the products

concerned are of Union

interest. If so, the

Commission should proceed

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with the preliminary phase

of investigations. Otherwise,

the submissions should be

directed to competent

authorities, based on fair

and objective criteria.

Recital 24

R 33

(24) During the preliminary

phase of investigation,

competent authorities should

focus on the economic

operators involved in the

steps of the value chain

where there is a higher risk

of forced labour with respect

to the products under

investigation, also taking

into account their size and

economic resources, the

quantity of products

concerned and the scale of

the suspected forced labour.

(24) During the preliminary

phase of investigation, the

Commission and competent

authorities should focus on

the economic operators

involved in the steps of the

valuesupply chain where

there is a higher risk of

forced labour with respect to

the products under

investigation, while also

taking into account the

potential imbalance of

power in the concerned

supply chain. In their

assessment, they should

also take into account the

size and economic resources

of the economic operator,

the quantity of products

concerned, the share of

forced labour components

in the final product, and the

scale of the suspected forced

labour and whether forced

labour imposed by state

authorities could be a

(2429) During the

preliminary phase of

investigation, competent

authorities should focus on

the economic operators

involved in the steps of the

valuesupply chain where

there is a higher risk of

forced labour with respect to

the products under

investigation, also taking

into account their size and

economic resources, the

quantity of products

concerned and the scale of

the suspected forced labour.

To ensure subsidiarity,

competent authorities may,

at any time, request the

Commission to proceed with

the preliminary phase of

investigation where the

products concerned are of

Union interest.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

concern.

Recital 30

Y 33a

(20) In order to increase the

effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

Moved reference text

(2030) In order to increase

the effectiveness of the

prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour, taking into account,

among others, the

complexity of the

proceeding and the number

of stakeholders involved.

Moved from row 29 [29 - 33a]

(20EP20) In order to

increase the effectiveness of

the prohibition, competent

authorities should grant

reasonable time to economic

operators to identify,

mitigate, prevent and bring

to an end the risk of forced

labour.

Recital 31

R 33b

(22) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or bring

to an end risks of forced

labour in their operations

and value chains with

respect to the products under

assessment. Carrying out

such due diligence in

(2231) Before initiating an

investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or bring

to an end risks of forced

labour in their operations

and valuesupply chains with

respect to the products under

assessment. Carrying out

such due diligence in

(22EP22) Before initiating

an investigation, competent

authorities should request

from the economic operators

under assessment

information on actions taken

to mitigate, prevent or, bring

to an end risks of forced

labour or remediate forced

labour cases in their

operations and valuesupply

chains with respect to the

products under assessment.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

relation to forced labour

should help the economic

operator to be at a lower risk

of having forced labour in its

operations and value chains.

Appropriate due diligence

means that forced labour

issues in the value chain

have been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, no

investigation should be

initiated.

Moved reference text

relation to forced labour

should help the economic

operator to be at a lower risk

of having forced labour in its

operations and valuesupply

chains. Appropriate due

diligence means that forced

labour issues in the

valuesupply chain have been

identified and addressed in

accordance with relevant

Union legislation andor in

line with international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, no

investigation should be

initiated.

Moved from row 31 [31 - 33b]

Carrying out such due

diligence in relation to

forced labour should

helpcontribute to helping

the economic operator to be

at a lower risk of having

forced labour in its

operations and valuesupply

chains. Appropriate due

diligence meanscould mean

that forced labour issues in

the valuesupply chain have

been identified and

addressed in accordance

with relevant Union

legislation and international

standards. That implies that

where the competent

authority considers that there

is no substantiated concern

of a violation of the

prohibition, or that the

reasons that motivated the

existence of a substantiated

concern have been

eliminated, for instance due

to, but not limited to the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour, and, where

possible, demonstrates that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

remediation of forced

labour cases has been

provided, no investigation

should be initiated.

Economic operators, which

are not within the scope of

[Directive 20XX/XX/EU on

Corporate Sustainability

Due Diligence], shall not be

disadvantaged for the sole

fact of not having

conducted due diligence in

accordance with that

Directive, including when

they are faced with a

reversed burden of proof as

a consequence of the high

risk of forced labour

imposed by state authorities.

Recital 25

G 34

(25) Competent authorities,

when requesting information

during the investigation,

should prioritise to the

extent possible and

consistent with the effective

conduct of the investigation

the economic operators

under investigation that are

involved in the steps of the

value chain as close as

possible to where the likely

risk of forced labour occurs

and take into account the

(25) Competent authorities,

when requesting information

during the investigation,

should prioritise to the

extent possible and

consistent with the effective

conduct of the investigation

the economic operators

under investigation that are

involved in the steps of the

valuesupply chain as close

as possible to where the

likely risk of forced labour

occurs and take into account

(2532) Competent

authorities, when requesting

information during the

investigation, should

prioritise to the extent

possible and consistent with

the effective conduct of the

investigation the economic

operators under investigation

that are involved in the steps

of the valuesupply chain as

close as possible to where

the likely risk of forced

labour occurs and take into

(25) Competent authorities,

when requesting information

during the investigation,

should prioritise to the

extent possible and

consistent with the effective

conduct of the investigation

the economic operators

under investigation that are

involved in the steps of the

valuesupply chain as close

as possible to where the

likely risk of forced labour

occurs and take into account

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

size and economic resources

of the economic operators,

the quantity of products

concerned, as well as the

scale of suspected forced

labour.

the size and economic

resources of the economic

operators, the quantity of

products concerned, as well

as the scale of suspected

forced labour.

account the size and

economic resources of the

economic operators, the

quantity of products

concerned, as well as the

scale of suspected forced

labour.

the size and economic

resources of the economic

operators, the quantity of

products concerned, as well

as the scale of suspected

forced labour.

Text Origin: Council

Mandate

Recital 25a

R 34a

(25a) The Commission

should call upon external

expertise to provide an

indicative, non-exhaustive,

verifiable and regularly

updated database of forced

labour risks in specific

geographic areas or with

respect to specific products

including with regard to

forced labour imposed by

state authorities. The

database should be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations,

social partners, and

experience from

implementing Union law

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

setting out due diligence

requirements with respect to

forced labour. The database

should include a list of all

decisions of competent

authorities, including

information on the

provision of remediation of

forced labour cases that

enabled the withdrawal of

the ban.

Recital 25b

R 34b

(25b) Where there is clear,

reliable and verifiable

evidence that products

produced in specific

economic sectors within

specific geographic areas

present a high risk of

having been made with

forced labour imposed by

state authorities, those

sectors in those areas

should be identified in the

database established under

this Regulation. In order to

facilitate for the competent

authorities the

investigations of cases

where there is evidence of

high risk of forced labour

imposed by state authorities,

the power to adopt acts in

accordance with Article 290

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

TFEU should be delegated

to the Commission to

supplement this Regulation

by determining specific

economic sectors in specific

geographic areas, where

such risk occurs. For the

products coming from those

areas and those sectors,

economic operators

concerned should bear the

burden of establishing that

forced labour has not been

used at any stage of

extraction, harvest,

production, or manufacture

of a product, including

working or processing

related to the product.

Recital 32a

Y 34c

(32a) Mutual assistance

shall include, in particular,

exchange of information

and the duty of the

competent authorities to

inform other competent

authorities, the network and

the Commission about their

intention to initiate an

investigation.

Recital 26

R 35 R

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(26) Competent authorities

should bear the burden of

establishing that forced

labour has been used at any

stage of production,

manufacture, harvest or

extraction of a product,

including working or

processing related to the

product on the basis of all

information and evidence

gathered during the

investigation, including its

preliminary phase. To ensure

their right to due process,

economic operators should

have the opportunity to

provide information in their

defence to the competent

authorities throughout the

investigation.

(26) In all cases other than

those falling within the

areas and sectors

determined as high risk of

forced labour imposed by

state authorities, competent

authorities should bear the

burden of establishing that

forced labour has been used

at any stage of production,

manufacture, harvest or

extraction of a product,

including working or

processing related to the

product on the basis of all

information and evidence

gathered during the

investigation, including its

preliminary phase. To ensure

their right to due process,

economic operators should

have the opportunity to

provide information in their

defence to the competent

authorities throughout the

investigation.

(2633) Competent

authorities should bear the

burden of establishing that

forced labour has been used

at any stage of production,

manufacture, harvest or

extraction of a product,

including working or

processing related to the

product on the basis of all

information and evidence

gathered during the

investigation, including its

preliminary phase. To ensure

their right to due process,

economic operators should

have the opportunity to

provide information in their

defence to the competent

authorities throughout the

investigation.

Recital 27

R 36

(27) Competent authorities

that establish that economic

operators violated the

prohibition, should without

delay prohibit the placing

and making available of

such products on the Union

(27) The Commission and

competent authorities that

establish that economic

operators violated the

prohibition, should without

delay prohibit the placing

and making available of

(2734) Competent

authorities that establish

Where the Commission

establishes that economic

operators violated the

prohibition, should without

delay prohibit the placing

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

market and their export from

the Union, and require the

economic operators that

have been investigated to

withdraw the relevant

products already made

available from the Union

market and have them

destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management.

such products on the Union

market and their export from

the Union, and require the

economic operators that

have been investigated to

withdraw the relevant

products already made

available from the Union

market and donate

perishable products to

charitable or public interest

purposes. If such products

are not perishable,

economic operators should

recycle those products, and

if that is not possible, they

should have the

productshave them

destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management. The

prohibition to place and

make available the products

on the Union market and to

export them from the Union

should only be lifted if

economic operators are able

to demonstrate that forced

labour has been eradicated

from the supply chain and

forced labour cases have

been remediated. The

assessment of the fulfilment

and making available of

such products on the Union

market and their export from

the Union, and require the

economic operators that

have been investigated to

withdraw the relevant

productsproducts concerned

already made available from

the Union market and have

them destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of such conditions should

rest with the authority

responsible for the decision.

The prohibition and the

subsequent withdrawal

should concern the specific

products identified in the

decision.

Recital 28

Y 37

(28) In that decision,

competent authorities should

state the findings of the

investigation, and the

information underpinning

the findings, and set a

reasonable time within

which the economic

operators should comply

with the decision, as well as

information allowing for the

identification of the product

to which the decision

applies. The Commission

should be empowered to

adopt the implementing acts

necessary to specify the

details about the information

to be contained in such

decisions.

(28) In that decision, the

Commission or competent

authorities should state the

findings of the investigation,

and the information

underpinning the findings,

and set a reasonable time

within which the economic

operators should comply

with the decision, as well as

information allowing for the

identification of the product

to which the decision

applies. The Commission

should be empowered to

adopt the implementing acts

necessary to specify the

details about the information

to be contained in such

decisions. The decisions

from the Commission or

competent authorities

should be made publicly

available.

(2835) In that decision,

competent authoritiesthe

Commission should state the

findings of the investigation,

and the information

underpinning the findings,

and set a reasonable time

within which the economic

operators should comply

with the decision, as well as

information allowing for the

identification of the product

to which the decision

applies. The Commission

should be empowered to

adopt the implementing acts

necessary to specify the

details about the information

to be contained in such

decisions.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 29

Y 38

(29) In setting a reasonable

time to comply with the

order, competent authorities

should take into account the

size and economic resources

of the economic operators

concerned.

(29) In setting a reasonable

time to comply with the

order, the Commission and

competent authorities should

take into account the size

and economic resources of

the economic operators

concerned.

(2936) In setting a

reasonable time to comply

with the order, competent

authoritiesthe Commission

should take into account the

size and economic resources

of the economic operators

concerned.

Recital 37

R 38a

(42) To ensure effective

enforcement decisions taken

by a competent authority in

one Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

Moved reference text

deleted

Moved from row 51 [51 - 38a]

(42EP42) To ensure

effective enforcement

decisions taken by a

competent authority in one

Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

(42a) Acknowledging

current developments in

traceability technology to

facilitate monitoring of

supply chains, the

Commission should support

economic operators in the

uptake of such technology,

including through financial

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and technical assistance.

Recital 38

Y 38b

(31) Economic operators

should have the possibility

to request a review of the

decisions by the competent

authorities, after having

provided new information

showing that it cannot be

concluded that the relevant

products have been made

with forced labour.

Competent authorities

should withdraw their

decision where they

establish on the basis of that

new information, that it

cannot be established that

the products have been made

with forced labour.

Moved reference text

(3138) Economic operators

should have the possibility

to request a review of the

decisions by the competent

authoritiesCommission,

after having provided new

information showing that it

cannot be concluded that the

relevant productsproducts

concerned have been made

with forced labour.

Competent authoritiesThe

Commission should

withdraw theirits decision

where they establishit

establishes on the basis of

that new information, that it

cannot be established that

the products have been made

with forced labour.

Moved from row 40 [40 - 38b]

(31EP31) Economic

operators should have the

possibility to request aan

administrative review of the

decisions by the competent

authorities and by the

Commission, after having

provided new substantial

information showing that it

cannot be concluded that the

relevant products have been

made with forced labour.

Competent authorities and

the Commission should

withdraw their decision

where they establish on the

basis of that new

information, that it cannot be

established that the products

have been made with forced

labour. The decisions

adopted by the Commission

under this Regulation are

subject to review by the

Court of Justice in

accordance with Article 263

TFEU.

Recital 30

Y 39

(30) If the economic

(3039) If the economic

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operators fail to comply with

the decision of the

competent authorities by the

end of the established

timeframe, the competent

authorities should ensure

that the relevant products are

prohibited from being placed

or made available on the

Union market, exported or

withdrawn from the Union

market and that any such

products remaining with the

relevant economic operators

are destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management at the expense

of the economic operators.

operators fail to comply with

the decision of the

Commission or the

competent authorities by the

end of the established

timeframe, the Commission

or the competent authorities

should ensure that the

relevant products are

prohibited from being placed

or made available on the

Union market, exported or

withdrawn from the Union

market and that any such

products remaining with the

relevant economic operators

are donated to charitable or

public interest purposes, in

case they are perishable. If

such products are not

perishable, economic

operators should recycle

those products, and if that is

not possible, they should

have the products destroyed,

rendered inoperable, or

otherwise disposed of in

accordance with national law

consistent with Union law,

including Union legislation

on waste management at the

expense of the economic

operators.

operators fail to comply with

the decision of the

competent

authoritiesCommission by

the end of the established

timeframe, the competent

authorities should ensure

that the relevant products

concerned are prohibited

from being placed or made

available on the Union

market, exported or

withdrawn from the Union

market and that any such

products remaining with the

relevant economic operators

are destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

Union legislation on waste

management and on

ecodesign for sustainable

products at the expense of

the economic operators.

Products deemed valuable

for charitable or public

interest, such as medical

products, should in priority

be donated. Where possible,

competent authorities

should ensure that the

disposal or destruction

method chosen has the

smallest environmental

impact possible of all the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available options.

Recital 39a

Y 39a

(39a) The effect on animal

welfare should be

considered when enforcing

the prohibition of the

placing and making

available of products made

using forced labour in order

to spare the animals

concerned any avoidable

pain, distress or suffering.

In addition, this Regulation

should be without prejudice

to the legislation regarding

animal welfare, such as

Council Regulations (EC)

No 1/2005 1 and (EC) No

1099/2009 2. _________ 1. Council Regulation (EC) No

1/2005 of 22 December 2004 on

the protection of animals during

transport and related operations

and amending Directives

64/432/EEC and 93/119/EC and

Regulation (EC) No 1255/97, OJ

L 3, 5.1.2005, p. 1–44. 2. Council Regulation (EC) No

1099/2009 of 24 September 2009

on the protection of animals at the

time of killing, OJ L 303,

18.11.2009, p. 1–30.

Recital 39b

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Y 39b

(39b) Enforcement of the

decisions, adopted by the

Commission, lies within the

Member States. After the

decisions are communicated

to the Member States, all

competent authorities

concerned with the specific

decision shall proceed with

enforcement actions,

foreseen in the Regulation.

Recital 31

(31) Economic operators

should have the possibility

to request a review of the

decisions by the competent

authorities, after having

provided new information

showing that it cannot be

concluded that the relevant

products have been made

with forced labour.

Competent authorities

should withdraw their

decision where they

establish on the basis of that

new information, that it

cannot be established that

the products have been made

with forced labour.

(31) Economic operators

should have the possibility

to request aan

administrative review of the

decisions by the competent

authorities and by the

Commission, after having

provided new substantial

information showing that it

cannot be concluded that the

relevant products have been

made with forced labour.

Competent authorities and

the Commission should

withdraw their decision

where they establish on the

basis of that new

information, that it cannot be

established that the products

have been made with forced

labour. The decisions

Moved to row 38b [40 - 38b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

adopted by the Commission

under this Regulation are

subject to review by the

Court of Justice in

accordance with Article 263

TFEU.

Recital 32

(32) Any person, whether it

is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission.

(32) Any person, whether it

is a natural or legal person,

or any association not

having legal personality,

should be allowed to submit

information to the competent

authorities when it considers

that products made with

forced labour are placed and

made available on the Union

market and to be informed of

the outcome of the

assessment of their

submission. Submissions

should be addressed to one

or more competent

authorities. Adequate

protection measures should

be put in place to ensure the

safety of any person

associated with the

submission or the

information contained

within it, including from

retaliation and reprisals.

Where necessary, those

protection measures could

Moved to row 32g [41 - 32g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

go beyond the provisions in

Directive (EU) 2019/1937.

To ensure ease of use for

the submission of

information and the

standardisation of the

information provided, the

Commission should set up a

mechanism for the

submission of information,

such as a designated

webportal at the Union

level, available in all official

languages of the institutions

of the Union, and free of

charge, and ensure that it is

user-friendly and easily

accessible, including for

persons with disabilities.

Recital 33

(33) The Commission

should issue guidelines in

order to facilitate the

implementation of the

prohibition by economic

operators and competent

authorities. Such guidelines

should include guidance on

due diligence in relation to

forced labour and

complementary information

for the competent authorities

to implement the

prohibition. The guidance on

(33) The Commission

should issue detailed

guidelines in order to

facilitate the implementation

of the prohibition by

economic operators and

competent authorities. Such

guidelines should include

guidance on due diligence in

relation to forced labour, in

particular for all economic

operators that fall outside

the scope of the [Directive

20XX/XX/EU on Corporate

Moved to row 32d [42 - 32d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

due diligence in relation to

forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

guidelines. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Sustainability Due

Diligence], since they will

not have to comply with any

mandatory due diligence

obligations, and

complementary information

for the competent authorities

to implement the

prohibition. The guidance

for economic operators

outside the scope of [CSDD]

should focus in particular

on compliance in cases

where these economic

operators are faced with a

reversed burden of proof as

a consequence of delegated

acts adopted by the

Commission of forced

labour imposed by state

authorities. The guidance

on due diligence in relation

to forced labour should build

on the Guidance on due

diligence for Union

businesses to address the

risk of forced labour in their

operations and supply chains

published by the

Commission and the

European External Action

Service in July 2021. The

guidelines should be

consistent with other

Commission guidelines in

this regard and relevant

international organisations’

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

guidelines. The guidelines

should provide tailored

recommendations for

different sectors of activity,

taking into account

specificities of the activities

and the respective supply

chains. The reports from

international organisations,

in particular the ILO, as well

as other independent and

verifiable sources of

information should be

considered for the

identification of risk

indicators.

Recital 34

R 43

(34) Decisions of the

competent authorities

establishing a violation of

the prohibition should be

communicated to customs

authorities, who should aim

at identifying the product

concerned amongst products

declared for release for free

circulation or export. The

competent authorities should

be responsible for the overall

enforcement of the

prohibition with regard to

the internal market as well as

products entering or leaving

the Union market. Since

(34) Decisions of the

Commission or the

competent authorities

establishing a violation of

the prohibition should be

communicated to customs

authorities, who should aim

at identifying the product

concerned amongst products

declared for release for free

circulation or export. The

Commission and Member

States should ensure that

the customs authorities

have sufficient resources to

carry out these controls.

The Commission and the

(3440) Decisions of the

competent

authoritiesCommission

establishing a violation of

the prohibition should be

communicated to customs

authorities, who should aim

at identifying the product

concerned amongst products

declared for release for free

circulation or export. The

competent authorities should

be responsible for the overall

enforcement of the

prohibition with regard to

the internal market as well as

products entering or leaving

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

forced labour is part of the

manufacturing process and

does not leave any trace on

the product, and Regulation

(EU) 2019/1020 covers only

manufactured products and

its scope is limited to release

for free circulation, the

customs authorities would be

unable to act autonomously

under Regulation (EU)

2019/1020 for the

application and enforcement

of the prohibition. The

specific organisation of

controls of each Member

State should be without

prejudice to Regulation (EU)

No 952/2013 of the

European Parliament and of

the Council1 and its general

provisions on the control and

supervisory powers of

customs authorities.

_________ 1. Regulation (EU) No 952/2013 of

the European Parliament and of the

Council of 9 October 2013 laying

down the Union Customs Code

(recast) (OJ L 269, 10.10.2013, p.

1).

competent authorities should

be responsible for the overall

enforcement of the

prohibition with regard to

the internal market as well as

products entering or leaving

the Union market. Since

forced labour is part of the

manufacturing process and

does not leave any trace on

the product, and Regulation

(EU) 2019/1020 covers only

manufactured products and

its scope is limited to release

for free circulation, the

customs authorities would be

unable to act autonomously

under Regulation (EU)

2019/1020 for the

application and enforcement

of the prohibition. The

specific organisation of

controls of each Member

State should be without

prejudice to Regulation (EU)

No 952/2013 of the

European Parliament and of

the Council132 and its general

provisions on the control and

supervisory powers of

customs authorities.

__________________

32 Regulation (EU) No

952/2013 of the European

Parliament and of the

Council of 9 October 2013

laying down the Union

the Union market. Since

forced labour is part of the

manufacturing process and

does not leave any trace on

the product, and Regulation

(EU) 2019/1020 covers only

the manufactured products

covered by the Union

legislations listed in that

Regulation and its scope is

limited to release for free

circulation, the customs

authorities would be unable

to act autonomously under

Regulation (EU) 2019/1020

for the application and

enforcement of the

prohibition. The specific

organisation of controls of

each Member State should

be without prejudice to

Regulation (EU) No

952/2013 of the European

Parliament and of the

Council1 and its general

provisions on the control and

supervisory powers of

customs authorities.

_________ 1. Regulation (EU) No 952/2013 of

the European Parliament and of the

Council of 9 October 2013 laying

down the Union Customs Code

(recast) (OJ L 269, 10.10.2013, p.

1).

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Customs Code (recast) (OJ

L 269, 10.10.2013, p. 1). _________ 1. Regulation (EU) No 952/2013 of

the European Parliament and of

the Council of 9 October 2013

laying down the Union Customs

Code (recast) (OJ L 269,

10.10.2013, p. 1).

Recital 35

Y 44

(35) The information

currently made available to

customs authorities by

economic operators includes

only general information on

the products but lacks

information on the

manufacturer or producer

and product suppliers as well

as specific information on

products. In order for

customs authorities to be

able to identify products

entering or leaving the

Union market that may

violate the Regulation and

should accordingly be

stopped at the EU external

borders, economic operators

should submit to customs

authorities information

allowing matching a

decision of the competent

authorities with the product

concerned. This should

(35) The information

currently made available to

customs authorities by

economic operators includes

only general information on

the products but lacks

information on the

manufacturer or producer

and product suppliers as well

as specific information on

products. In order for

customs authorities to be

able to identify products

entering or leaving the

Union market that may

violate the Regulation and

should accordingly be

stopped at the EU external

borders, economic operators

should submit to customs

authorities information

allowing matching a

decision of the Commission

or the competent authorities

with the product concerned.

(3541) The information

currently provided or made

available to customs

authorities by economic

operators includes only

general information on the

products but lacks

information on the

manufacturer or producer

and product suppliers as well

as specific information on

products. In order for

customs authorities to be

able to identify products

entering or leaving the

Union market that may

violate the Regulation and

should accordingly be

stopped at the EU external

borders, economic operators

should submit to customs

authorities information

allowing matching a

decision of the competent

authorities with the product

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

include information on the

manufacturer or producer

and the product suppliers as

well as any other

information on the product

itself. To this end, the

Commission should be

empowered to adopt

delegated acts identifying

the products for which such

information should be

provided using, amongst

others, the database

established under this

Regulation as well as the

information and decisions of

the competent authorities

encoded in the information

and communication system

set out in Article 34 of

Regulation (EU) 2019/1020

(‘ICSMS’). Moreover, the

Commission should be

empowered to adopt, the

implementing acts necessary

to specify the details of the

information to be made

available to customs by the

economic operators. This

information should include

the description, name or

brand of the product,

specific requirements under

Union legislation for the

identification of the product

(such as a type, reference,

model, batch or serial

This should include

information on the

manufacturer or producer

and the product suppliers as

well as any other

information on the product

itself. To this end, the

Commission should be

empowered to adopt

delegated acts identifying

the products for which such

information should be

provided using, amongst

others, the database

established under this

Regulation as well as the

information and decisions of

the competent authorities

encoded in the information

and communication system

set out in Article 34 of

Regulation (EU) 2019/1020

(‘ICSMS’). Moreover, the

Commission should be

empowered to adopt, the

implementing acts necessary

to specify the details of the

information to be made

available to customs by the

economic operators. This

information should include

the description, name or

brand of the product,

specific requirements under

Union legislation for the

identification of the product

(such as a type, reference,

concerned. This should

include information on the

manufacturer or producer

and the product suppliers as

well as any other

information on the product

itself. To this end, the

Commission should be

empowered to adopt

delegated acts identifying

the products for which such

information should be

provided using, amongst

others, the database

established under this

Regulation as well as the

information and decisions of

the competent

authoritiesCommission

encoded in the information

and communication system

set out in Article 34 of

Regulation (EU) 2019/1020

(‘ICSMS’). Moreover, the

Commission should be

empowered to adopt,

theadop implementing acts

necessary to specify the

details of the information to

be provided or made

available to customs by the

economic operators. This

information should include

the description, name or

brand of the product,

specific requirements under

Union legislation for the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

number affixed on the

product, or provided on the

packaging or in a document

accompanying the product,

or unique identifier of the

digital product passport) as

well as details on the

manufacturer or producer

and the product suppliers,

including for each of them

their name, trade name or

registered trademark, their

contact details, their unique

identification number in the

country they are established

and, where available, their

Economic Operators

Registration and

Identification (EORI)

number. The review of the

Union Customs Code will

consider introducing in the

customs legislation the

information required to be

made available to customs

by the economic operators

for the enforcement of this

Regulation and more broadly

to strengthen the

transparency of the supply

chain.

model, batch or serial

number affixed on the

product, or provided on the

packaging or in a document

accompanying the product,

or unique identifier of the

digital product passport) as

well as details on the

manufacturer or producer

and the product suppliers,

including for each of them

their name, trade name or

registered trademark, their

contact details, their unique

identification number in the

country they are established

and, where available, their

Economic Operators

Registration and

Identification (EORI)

number. The review of the

Union Customs Code will

consider introducing in the

customs legislation the

information required to be

made available to customs

by the economic operators

for the enforcement of this

Regulation and more broadly

to strengthen the

transparency of the supply

chain. The Commission

should issue guidance and

support to economic

operators, especially SMEs,

on how to collect the

required information.

identification of the product

(such as a type, reference,

model, batch or serial

number affixed on the

product, or provided on the

packaging or in a document

accompanying the product,

or unique identifier of the

digital product passport) as

well as details on the

manufacturer or producer

and the product suppliers,

including for each of them

their name, trade name or

registered trademark, their

contact details, their unique

identification number in the

country they are established

and, where available, their

Economic Operators

Registration and

Identification (EORI)

number. The review of the

Union Customs Code will

consider introducing in the

customs legislation the

information required to be

provided or made available

to customs by the economic

operators for the

enforcement of this

Regulation and more broadly

to strengthen the

transparency of the supply

chain.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 36

Y 45

(36) Customs authorities

that identify a product that

may be covered by a

decision communicated by

competent authorities

establishing a violation of

the prohibition should

suspend the release of that

product and notify the

competent authorities

immediately. Competent

authorities should reach a

conclusion within a

reasonable timeframe on the

case notified to them by the

customs authorities, either

by confirming or by denying

that the product concerned is

covered by a decision.

Where necessary the

competent authorities should

be authorised to require

maintaining the suspension

of its release. In the absence

of a conclusion by

competent authorities within

the specified time limit,

customs authorities should

release the products if all

other applicable

requirements and formalities

are fulfilled. Generally, the

release for free circulation or

(36) Customs authorities

that identify a product that

may be covered by a

decision communicated by

the Commission or

competent authorities

establishing a violation of

the prohibition should

suspend the release of that

product and notify the

competent authorities

immediately. The

Commission or the

competent authorities should

reach a conclusion within a

reasonable timeframe on the

case notified to them by the

customs authorities, either

by confirming or by denying

that the product concerned is

covered by a decision.

Where necessary and duly

justified, the Commission or

the competent authorities

should be authorised to

require maintaining the

suspension of its release,

taking into account the

potential damage for the

economic operator. In the

absence of a conclusion by

competent authorities within

the specified time limit,

(3642) Customs authorities

that identify a product that

may be covered by a

Commission decision

communicated byto

competent authorities

establishing a violation of

the prohibition should

suspend the release of that

product and notify the

competent authorities

immediately. Competent

authorities should reach a

conclusion within a

reasonable timeframe on the

case notified to them by the

customs authorities, either

by confirming or by denying

that the product concerned is

covered by a Commission

decision. Where necessary

the competent authorities

should be authorised to

require maintaining the

suspension of its release. In

the absence of a conclusion

by competent authorities

within the specified time

limit, customs authorities

should release the products

if all other applicable

requirements and formalities

are fulfilled. Generally, the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

export should also not be

deemed to be proof of

compliance with Union law,

since such a release does not

necessarily include a

complete control of such

compliance.

customs authorities should

release the products if all

other applicable

requirements and formalities

are fulfilled. Generally, the

release for free circulation or

export should also not be

deemed to be proof of

compliance with Union law,

since such a release does not

necessarily include a

complete control of such

compliance.

release for free circulation or

export should also not be

deemed to be proof of

compliance with Union law,

since such a release does not

necessarily include a

complete control of such

compliance.

Recital 37

Y 46

(37) Where the competent

authorities conclude that a

product corresponds to a

decision establishing a

violation of the prohibition,

they should immediately

inform customs authorities

which should refuse its

release for free circulation or

export. The product should

be destroyed, rendered

inoperable, or otherwise

disposed of in accordance

with national law consistent

with Union law, including

legislation on waste

management, which

excludes re-export in case of

non-Union goods.

(37) Where the Commission

or the competent authorities

conclude that a product

corresponds to a decision

establishing a violation of

the prohibition, they should

immediately inform customs

authorities which should

refuse its release for free

circulation or export. The

product should be donated

to charitable or public

interest purposes if it is

perishable. If such products

are not perishable, they

should be recycled, and if

that is not possible, they should be destroyed,

rendered inoperable, or

otherwise disposed of in

(3743) Where the competent

authorities conclude that a

product corresponds to a

Commission decision

establishing a violation of

the prohibition, they should

immediately inform customs

authorities which should

refuse its release for free

circulation or export. The

product should be destroyed,

rendered inoperable, or

otherwise disposed of in

accordance with national law

consistent with Union law,

including legislation on

waste management and on

ecodesign, which excludes

re-export in case of non-

Union goods.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

accordance with national law

consistent with Union law,

including legislation on

waste management, which

excludes re-export in case of

non-Union goods.

Recital 37a

Y 46a

(37a) The Commission

should take into due

consideration the risk of

disengagement by economic

operators who are either

related to products or

regions in the database, or

who have had their product

removed from the Union

market, as well as the

consequences on affected

workers. The Commission

should therefore, where

appropriate, support

economic operators in

adopting and carrying out

measures suitable and

effective for bringing forced

labour to an end.

Responsible disengagement

entails, as a minimum,

complying with collective

agreements and articulating

escalation measures.

Recital 38

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 47

(38) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

(38) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

(3844) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

(38) The conditions

applicable to products during

the suspension of their

release for free circulation or

export, including their

storage or destruction and

disposal of in case of a

refusal of release for

circulation, should be

determined by customs

authorities, where applicable

pursuant to Regulation (EU)

No 952/2013. Should

products entering the Union

market require further

processing, they are to be

placed under the appropriate

customs procedure allowing

such processing in

accordance with Articles

220, 254, 256, 257 and 258

of Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Recital 38a

G 47a

(43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

(4345) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

(43EP43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

(4345) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Moved reference text

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Moved from row 52 [52 - 47a]

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Text Origin: Council

Mandate

Recital 38b

G 47b

(46) In order to ensure

(46EP46) In order to ensure

(46) In order to ensure G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Moved reference text

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Moved from row 55 [55 - 47b]

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Text Origin: Council

Mandate

Recital 47

Y 47c

(47) In order to supplement

or amend certain non-

essential elements of this

Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

deleted

Moved from row 56 [56 - 47c]

(47EP47) In order to

supplement or amend certain

non-essential elements of

this Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

Moved reference text

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

Recital 48

R 47d

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act

effectively, including the

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act effectively,

including the able to act

effectively the power to

adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission in respect of

further specifying the

additional information

identifying the relevant

product, concerned

(information about the

manufacturer or the producer

and information about the

product suppliers as regards

(48EP48) In order to ensure

that the customs authorities

are provided with all the

necessary information about

the product to act

effectively, including the

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

Moved reference text

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated) that

economic operators should

make available or provide to

the Commissioncustoms

authorities. Customs

authorities need to be

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

Moved from row 57 [57 - 47d]

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

(48a) In order to ensure

that penalties are effective

and fair and to prevent a

distorted approach to

penalties in the internal

market, the power to adopt

acts in accordance with

Article 290 TFEU should be

delegated to the

Commission. The

Commission should define

the method for the

calculation of financial

penalties and the thresholds

applicable, define where

they are to be used, and

specify mitigating and

aggravating circumstances

to guide Member States in

designing their penalty

regimes.

(48b) The Commission

should carry out an

evaluation of this

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Regulation in light of the

objective it pursues, and

should submit a report

thereon to the European

Parliament, to the Council

and to the European

Economic and Social

Committee. The report

should assess whether this

Regulation achieved its

objectives, in particular

with regard to reducing the

number of products on the

Union market made with

forced labour, improving

cooperation between

competent authorities and

strengthening the controls

on products entering the

Union market, the impact

on business of

administrative procedures,

the cost of compliance, the

impact on trade and on

competitiveness of

companies operating in the

internal market, the

alignment with other

relevant Union law, the

contribution to fight forced

labour globally, and the

overall cost-benefit and

effectiveness.

Recital 39

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(39) A uniform enforcement

of the prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission.

(39) A uniform enforcement

of the prohibition as regards

products entering or leaving

the Union market can only

be achieved through

systematic exchange of

information and cooperation

amongst competent

authorities, customs

authorities and the

Commission. This

cooperation should be

coordinated by the

Commission.

Moved to row 26h [48 - 26h]

Recital 40

(40) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

(40) For the collection,

processing and storage of

information, in a structured

form, on issues relating to

the enforcement of the

prohibition, the competent

authorities should use

ICSMS. The Commission,

competent authorities and

customs authorities should

have access to that system to

carry out their respective

duties under this Regulation.

Moved to row 26i [49 - 26i]

Recital 41

(41) In order to optimise

and unburden the control

(41) In order to optimise

and unburden the control

Moved to row 26j [50 - 26j]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

process of products entering

or leaving the Union market,

it is necessary to allow for

an automated data transfer

between the ICSMS and

customs systems. Three

different data transfers

should be distinguished in

view of their respective

purposes. Firstly, decisions

establishing a violation of

the prohibition should be

communicated from the

ICSMS to the Electronic

Customs Risk Management

System (CRMS) referred to

in Article 36 of Commission

Implementing Regulation

(EU) 2015/24471, without

prejudice to any future

evolution of the customs risk

management environment,

for use by customs

authorities to identify

products that may

correspond to such a

decision. The available

interfaces of the customs

environment should be used

for those first data transfers.

Secondly, where customs

authorities identify such a

product, case management

will be necessary to, among

others, transfer the

notification of the

suspension, the conclusion

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

of competent authorities and

the outcome of the actions

taken by customs. The EU

Single Window

Environment for customs

should support those second

data transfers between

ICSMS and national customs

systems. Thirdly, customs

systems contain information

on products entering and

leaving the Union market

that would be relevant for

competent authorities to

carry out their duties but that

is not accessible to them.

The relevant information

should therefore be extracted

and transmitted to the

ICSMS. The three

interconnections should be

highly automated and easy-

to-use, so as to limit any

additional burden for

customs authorities. The

Commission should be

empowered to adopt, in

cooperation with customs

authorities and competent

authorities, the

implementing acts necessary

to determine the procedural

rules, practical arrangements

and data elements to be

transferred between the

ICSMS and customs systems

and any other ancillary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

requirement.

_________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

requirement.

_________ 1. Commission Implementing

Regulation (EU) 2015/2447 of 24

November 2015 laying down

detailed rules for implementing

certain provisions of Regulation

(EU) No 952/2013 of the European

Parliament and of the Council

laying down the Union Customs

Code, OJ L 343, 29.12.2015, p.

558.

Recital 42

(42) To ensure effective

enforcement decisions taken

by a competent authority in

one Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

(42) To ensure effective

enforcement decisions taken

by a competent authority in

one Member State should be

recognised and enforced by

competent authorities in the

other Member States

regarding products with the

same identification from the

same supply chain for which

forced labour has been

found.

Moved to row 38a [51 - 38a]

Recital 42a

51a

(42a) Acknowledging

current developments in

traceability technology to

facilitate monitoring of

supply chains, the

Commission should support

economic operators in the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

uptake of such technology,

including through financial

and technical assistance.

Recital 43

(43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

(43) Where, for the

prohibition, it is necessary to

process personal data, such

processing should be carried

out in accordance with

Union law on the protection

of personal data. Any

processing of personal data

under the prohibition should

be subject to Regulation

(EU) 2016/679 of the

European Parliament and of

the Council1 and Regulation

(EU) 2018/1725 of the

European Parliament and of

the Council2.

_________ 1. Regulation (EU) 2016/679 of the

European Parliament and of the

Council of 27 April 2016 on the

protection of natural persons with

regard to the processing of personal

data and on the free movement of

such data, and repealing Directive

95/46/EC (General Data Protection

Regulation), OJ L 119, 4.5.2016, p.

2. Regulation (EU) 2018/1725 of

the European Parliament and of the

Council of 23 October 2018 on the

protection of natural persons with

regard to the processing of personal

data by the Union institutions,

Moved to row 47a [52 - 47a]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

bodies, offices and agencies and on

the free movement of such data,

and repealing Regulation (EC) No

45/2001 and Decision No

1247/2002/EC, OJ L 295,

21.11.2018, p. 39.

Recital 44

(44) To ensure effective

enforcement of the

prohibition, it is necessary to

establish a network aimed at

structured coordination and

cooperation between the

competent authorities of the

Member States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations. That

administrative support

structure should allow the

pooling of resources and

maintain a communication

and information system

between Member States and

the Commission, thereby

helping to strengthen the

(44) To ensure effective

enforcement of the

prohibition, it is necessary to

establish a network,

coordinated by the

Commission, aimed at

structured coordination and

cooperation between the

Commission, the competent

authorities of the Member

States and, where

appropriate, experts from

customs authorities, and the

Commission. That network

should also aim at

streamlining the practices of

the competent authorities

within the Union that

facilitate the implementation

of joint enforcement

activities by Member States,

including joint

investigations, facilitate

capacity building activities,

such as the organisation of

training programmes for

competent authorities and

other relevant stakeholders,

Moved to row 26f [53 - 26f]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

enforcement of the

prohibition.

promote exchanges of

personnel between

competent authorities and,

where appropriate, with the

authorities of partner third

countries or with

international organisations,

assist in the organisation of

information campaigns and

voluntary mutual visit

programmes between

competent authorities,

involve and facilitate the

diplomatic representations

of the Union to assist in the

information gathering

efforts of this Regulation.

The. That administrative

support structure to be

provided by the Commission should allow the pooling of

resources and maintain a

communication and

information system between

Member States and the

Commission, thereby

helping to strengthen the

enforcement of the

prohibition.

Recital 44a

53a

(44a) The Commission

should ensure the effective

and uniform application of

this Regulation and to that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

effect support and

encourage cooperation

between enforcement

authorities through the

Network.

Recital 45

(45) Since forced labour is a

global problem and given

the interlinkages of the

global value chains, it is

necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

with authorities of third

countries and international

organisations to enhance the

effective implementation of

the prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

specific ones that will be

created on an ad hoc basis.

(45) Since forced labour is a

global problem and given

the interlinkages of the

global valuesupply chains, it

is necessary to promote

international cooperation

against forced labour, which

would also improve the

efficiency of applying and

enforcing the prohibition.

The Commission should as

appropriately cooperate with

and exchange information

with authorities of third

countries and international

organisations, as well as

with other actors, to

enhance the effective

implementation of the

prohibition. International

cooperation with authorities

of non-EU countries should

take place in a structured

way as part of the existing

dialogue structures, for

example Human Rights

Dialogues with third

countries, or, if necessary,

Moved to row 32e [54 - 32e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

specific ones that will be

created on an ad hoc basis.

Existing dialogue structures

with third countries include

the (sub)committees on

trade and sustainable

development in trade

agreements or the dialogue

foreseen within the

Generalised System of

Preferences. The

Commission should ensure

coherence and synergies

between relevant external

policies, in particular

development cooperation

and projects focusing on the

eradication of forced

labour, and it should also

foster the creation of

enabling environments in

third countries to promote

and protect human rights,

including capacity building

to support workers and

local communities in their

efforts to root out forced

labour from global supply

chains. Additionally, the

Commission should have

regular contact and

cooperation in particular

with countries that have

similar legislation in place,

to share information of risk

products or regions as well

as best practices for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

bringing to an end forced

labour. Union delegations

should have an important

role when it comes to

disseminating information

on this Regulation and

should facilitate the

possibility of third parties in

third countries to provide

information on the

existence of forced labour

on a determined product.

Recital 46

(46) In order to ensure

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

(46) In order to ensure

uniform conditions for the

implementation of this

Regulation, implementing

powers should be conferred

on the Commission. Those

powers should be exercised

in accordance with

Regulation (EU) No

182/2011 of the European

Parliament and of the

Council1.

_________ 1. Regulation (EU) No 182/2011 of

the European Parliament and of the

Council of 16 February 2011

laying down the rules and general

principles concerning mechanisms

for control by the Member States

of the Commission's exercise of

implementing powers, OJ L 55,

28.2.2011, p. 13.

Moved to row 47b [55 - 47b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Recital 47

(47) In order to supplement

or amend certain non-

essential elements of this

Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

(47) In order to supplement

or amend certain non-

essential elements of this

Regulation, the power to

adopt acts in accordance

with Article 290 of the

Treaty on the Functioning of

the European Union (TFEU)

should be delegated to the

Commission. It is of

particular importance that

the Commission carries out

appropriate consultations

during its preparatory work,

including at expert level.

The Commission, when

preparing and drawing up

delegated acts, should ensure

a simultaneous, timely and

appropriate transmission of

relevant documents to the

European Parliament and to

the Council.

Moved to row 47c [56 - 47c]

Recital 48

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act

effectively, including the

(48) In order to ensure that

the customs authorities are

provided with all the

necessary information about

the product to act

effectively, including the

Moved to row 47d [57 - 47d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

information identifying the

relevant product,

information about the

manufacturer or the producer

and information about the

product suppliers as regards

products entering or leaving

the Union market, the power

to adopt acts in accordance

with Article 290 TFEU

should be delegated to the

Commission. Customs

authorities need to be

enabled to obtain

information rapidly on

specific products, identified

in the decisions of the

competent authorities in

order to take actions and

measures effectively and

swiftly. In such cases,

delegated acts should be

adopted in an urgent

procedure.

Recital 48a

57a

(48a) In order to ensure

that penalties are effective

and fair and to prevent a

distorted approach to

penalties in the internal

market, the power to adopt

acts in accordance with

Article 290 TFEU should be

delegated to the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Commission. The

Commission should define

the method for the

calculation of financial

penalties and the thresholds

applicable, define where

they are to be used, and

specify mitigating and

aggravating circumstances

to guide Member States in

designing their penalty

regimes.

Recital 48b

57b

(48b) The Commission

should carry out an

evaluation of this

Regulation in light of the

objective it pursues, and

should submit a report

thereon to the European

Parliament, to the Council

and to the European

Economic and Social

Committee. The report

should assess whether this

Regulation achieved its

objectives, in particular

with regard to reducing the

number of products on the

Union market made with

forced labour, improving

cooperation between

competent authorities and

strengthening the controls

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

on products entering the

Union market, the impact

on business of

administrative procedures,

the cost of compliance, the

impact on trade and on

competitiveness of

companies operating in the

internal market, the

alignment with other

relevant Union law, the

contribution to fight forced

labour globally, and the

overall cost-benefit and

effectiveness.

Recital 49

G 58

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

(49) Since the objective of

this Regulation, namely, the

prohibition, cannot be

sufficiently achieved by the

Member States but can

rather, by reason of its scale

and effects, be better

achieved at Union level, the

Union may adopt measures,

in accordance with the

principle of subsidiarity as

set out in Article 5 of the

Treaty on European Union.

In accordance with the

principle of proportionality,

as set out in that Article, this

Regulation does not go

beyond what is necessary in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

order to achieve that

objective.

order to achieve that

objective.

order to achieve that

objective.

order to achieve that

objective.

Text Origin: Commission

Proposal

Recital 50

Y 59

(50) In order to allow for

the prompt application of the

measures provided for in this

Regulation, this Regulation

should enter into force on

the day following that of its

publication in the Official

Journal of the European

Union,

(50) In order to allow for

the prompt application of the

measures provided for in this

Regulation, this Regulation

should enter into force on

the day following that of its

publication in the Official

Journal of the European

Union,

deleted

Formula

G 60

HAVE ADOPTED THIS

REGULATION:

HAVE ADOPTED THIS

REGULATION:

HAVE ADOPTED THIS

REGULATION:

HAVE ADOPTED THIS

REGULATION:

Text Origin: Commission

Proposal

Chapter I

G 61

Chapter I

General provisions

Chapter I

General provisions

Chapter I

General provisions

Chapter I

General provisions

Text Origin: Commission

Proposal

Article 1

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 62

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Article 1

Subject matter and scope

Text Origin: Commission

Proposal

Article 1(1)

G 63

1. This Regulation lays

down rules prohibiting

economic operators from

placing and making

available on the Union

market or exporting from the

Union market products made

with forced labour.

1. This Regulation lays

down rules prohibiting

economic operators from

placing and making

available on the Union

market or exporting from the

Union market products made

with forced labour, and

contributes to the fight

against forced labour.

1. The purpose of this

Regulation lays down is to

contribute to the proper

functioning of the internal

market by laying down

harmonised rules

prohibiting economic

operators from placing and

making available on the

Union market or exporting

from the Union market

products made with forced

labour.

1. This Regulation lays

down rules prohibiting

economic operators from

placing and making

available on the Union

market or exporting from the

Union market products made

with forced labour with a

view to improving the

functioning of the internal

market, while contributing

to the fight against forced

labour.

Article 1(2)

G 64

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

2. This Regulation shall not

cover the withdrawal of

products which have reached

the end-users in the Union

market.

Text Origin: Commission

Proposal

Article 1(2a)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 64a

3. This Regulation shall

not create additional due

diligence obligations for

economic operators besides

those already provided by

mandatory national or

Union requirements, in

particular national

measures transposing

[Directive 20XX/XX/EU of

the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence].

3. This Regulation does

not create additional due

diligence obligations for

economic operators besides

those already provided by

Union or national law , in

particular national

measures transposing

[Directive 20XX/XX/EU of

the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence].

Article 2

G 65

Article 2

Definitions

Article 2

Definitions

Article 2

Definitions

Article 2

Definitions

Text Origin: Commission

Proposal

Article 2, first paragraph

G 66

For the purposes of this

Regulation, the following

definitions apply:

For the purposes of this

Regulation, the following

definitions apply:

For the purposes of this

Regulation, the following

definitions apply:

For the purposes of this

Regulation, the following

definitions apply:

Text Origin: Commission

Proposal

Article 2, first paragraph, point (a)

G 67 G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(a) ‘forced labour’ means

forced or compulsory labour

as defined in Article 2 of the

Convention on Forced

Labour, 1930 (No. 29) of the

International Labour

Organization, including

forced child labour;

(a) ‘forced labour’ means

forced or compulsory labour

as defined in all work or

service that is exacted from

a person under the menace

of a penalty and for which

that person has not offered

himself or herself

voluntarily in accordance

with Article 2 of the

Convention on Forced

Labour, 1930 (No. 29) of the

International Labour

Organization, including

forced child labour, and can

occur along the value

chain;

(a) ‘forced labour’ means

forced or compulsory labour,

including forced child

labour, as defined in Article

2 of the Convention on

Forced Labour, 1930 (No.

29) of the International

Labour Organization,

including forced child

labour;

(a) ‘forced labour’ means

forced or compulsory labour,

including forced child

labour, as defined in Article

2 of the Convention on

Forced Labour, 1930 (No.

29) of the International

Labour Organization,

including forced child

labour;

Text Origin: Council

Mandate

Article 2, first paragraph, point (b)

G 68

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour as

described in Article 1 of the

Convention on the Abolition

of Forced Labour, 1957 (No.

105) of the International

Labour Organization;

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour:

(i) as a means of

political coercion or

education or as a

punishment for holding or

expressing political views or

opinions ideologically

opposed to the established

political, social or economic

system;

(ii) as a method of

mobilising and using labour

for purposes of economic

development;

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour as

described in Article 1 of the

Convention on the Abolition

of Forced Labour, 1957 (No.

105) of the International

Labour Organization;

(b) ‘forced labour imposed

by state authorities’ means

the use of forced labour as

described in Article 1 of the

Convention on the Abolition

of Forced Labour, 1957 (No.

105) of the International

Labour Organization;

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(iii) as a means of

labour discipline;

(iv) as a punishment

for having participated in

strikes;

(v) as a means of

racial, social, national or

religious discrimination;

as listed as described in

Article 1 of the Convention

on the Abolition of Forced

Labour, 1957 (No. 105) of

the International Labour

Organization;

Article 2, first paragraph, point (ba)

R 68a

(ba) ‘remediation’ means

both the process of

providing remedy to victims

of forced labour for a

negative human rights

impact and the substantive

outcomes that can

counteract, or make good,

the negative impact of

forced labour, such as

public apologies, restitution,

rehabilitation,

compensation, contribution

to investigations, and

compliance with measures

adopted by relevant public

authorities, as well as

prevention of additional

harm;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 2, first paragraph, point (c)

G 69

to forced labour’ means the

efforts by economic operator

to implement mandatory

requirements, voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be made available on the

Union market or to be

exported;

to forced labour’ means the

efforts by economic operator

to implement mandatory

requirements, voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be made available on the

Union market or to be

exported;

to forced labour’ means the

efforts by economic operator

to implement mandatory

national or EU

requirements, in particular

national measures

transposing [Directive

20XX/XX/EU of the

European Parliament and

of the Council on Corporate

Sustainability Due

Diligence], voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be placed or to be made

available on the Union

market or to be exported;

to forced labour’ means the

efforts by economic operator

to implement mandatory

requirements, in particular

national measures

transposing Directive

20XX/XX/EU of the

European Parliament and

of the Council on Corporate

Sustainability Due

Diligence, voluntary

guidelines,

recommendations or

practices to identify, prevent,

mitigate or bring to an end

the use of forced labour with

respect to products that are

to be placed or to be made

available on the Union

market or to be exported;

Article 2, first paragraph, point (d)

G 70

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

(d) ‘making available on the

market’ means any supply of

a product for distribution,

consumption or use on the

Union market in the course

of a commercial activity,

whether in return for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

payment or free of charge

and in the case where the

product is offered for sale

online or through other

means of distance sales, the

making available on the

market is deemed to take

place when the offer for sale

is targeted at users in the

Union;

Text Origin: Council

Mandate

Article 2, first paragraph, point (e)

G 71

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

(e) ‘placing on the market’

means the first making

available of a product on the

Union market;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (f)

G 72

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

(f) ‘product’ means any

product that can be valued in

money and is capable, as

such, of forming the subject

of commercial transactions,

whether it is extracted,

harvested, produced or

manufactured, including

working or processing

related to a product at any

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

stage of its supply chain;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (g)

G 73

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

(g) ‘product made with

forced labour’ means a

product for which forced

labour has been used in

whole or in part at any stage

of its extraction, harvest,

production or manufacture,

including working or

processing related to a

product at any stage of its

supply chain;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (ga)

G 73a

(ga) 'supply chain' means

the activities of the

company’s upstream

business partners related to

the extraction, harvest,

production or

manufacturing of a

product, including working

or processing related to the

product at any stage of

those activities;

(ga) ‘supply chain’ means

the entire network of

operators involved at all

stages, upstream of the

product being made

available on the market,

related to the extraction,

harvesting, production,

manufacturing and supply

of a product or parts of the

products to be incorporated

in the final products to be

(ga) 'supply chain' means

the system of activities,

processes and actors

involved at all stages

upstream of the product

being made available on the

market, namely the

extraction, harvesting,

production and

manufacturing of a product

in whole or in part,

including working or

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

made available;

processing related to the

product at any of those

stages;

Article 2, first paragraph, point (h)

G 74

(h) ‘economic operator’

means any natural or legal

person or association of

persons who is placing or

making available products

on the Union market or

exporting products;

(h) ‘economic operator’

means any natural or legal

person or association of

persons who is placing or

making available products

on the Union market or

exporting products;

(h) ‘economic operator’

means the manufacturer,

producer, product supplier,

importer, exporter or any

natural or legal person or

association of persons who

is placing or making

available products on the

Union market or exporting

products;

(h) ‘economic operator’

means any natural or legal

person or association of

persons who is placing or

making available products

on the Union market or

exporting products from the

Union;

Text Origin: Council

Mandate

Article 2, first paragraph, point (i)

G 75

(i) ‘manufacturer’ means

the manufacturer of the

product pursuant to the

Union legislation applicable

to that product;

(i) ‘manufacturer’ means

the manufacturer of the

product pursuant to the

Union legislation applicable

to that product;

(i) ‘manufacturer’ means the

manufacturer of theany

natural or legal person who

manufactures a product

pursuant to the Union

legislation applicable to that

productor has a product

designed or manufactured,

and markets that products

under its name or

trademark;

(i) ‘manufacturer’ means the

manufacturer of theany

natural or legal person who

manufactures a product

pursuant to the Union

legislation applicable to that

productor has a product

designed or manufactured,

and markets that products

under its name or

trademark;

Text Origin: Council

Mandate

Article 2, first paragraph, point (j)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 76

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

(j) ‘producer’ means the

producer of agricultural

products as referred to in

Article 38(1) TFEU or of

raw materials;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (k)

G 77

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

(k) ‘product supplier’ means

any natural or legal person

or association of persons in

the supply chain who

extracts, harvests, produces

or manufactures a product in

whole or in part, or

intervenes in the working or

processing related to a

product at any stage of its

supply chain, whether as

manufacturer or in any other

circumstances;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (ka)

G 77a

(ka) ‘end user’ means any

natural or legal person

residing or established in

the Union, to whom a

product has been made

(EPma) ‘end user’ means

any natural or legal person

residing or established in

the Union, to whom a

product has been made

(ka) ‘end user’ means any

natural or legal person

residing or established in

the Union, to whom a

product has been made

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of its industrial or

professional activities;

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of his or her

industrial or professional

activities;

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of its industrial or

professional activities;

Text Origin: Council

Mandate

Article 2, first paragraph, point (l)

G 78

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

(l) ‘importer’ means any

natural or legal person or

association of persons

established within the Union

who places a product from a

third country on the Union

market;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (m)

G 79

(m) ‘exporter’ means the

exporter as defined in

Article 1, point (19) of

Commission Delegated

Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

(m) ‘exporter’ means the

exporter as defined in

Article 1, point (19) of

Commission Delegated

Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

(m) ‘exporter’ means the

exporter as defined in Article

1, point (19) of Commission

Delegated Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

the European Parliament and of the

(m) ‘exporter’ means the

exporter as defined in Article

1, point (19) of Commission

Delegated Regulation (EU)

2015/24461;

_________ 1. Commission Delegated

Regulation (EU) 2015/2446 of 28

July 2015 supplementing

Regulation (EU) No 952/2013 of

the European Parliament and of the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the European Parliament and of the

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

the European Parliament and of the

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

Council as regards detailed rules

concerning certain provisions of

the Union Customs Code, OJ L

343, 29.12.2015, p. 1.

Text Origin: Commission

Proposal

Article 2, first paragraph, point (ma)

79a

(ma) ‘end user’ means any

natural or legal person

residing or established in

the Union, to whom a

product has been made

available either as a

consumer outside of any

trade, business, craft or

profession or as a

professional end user in the

course of his or her

industrial or professional

activities;

deleted

Article 2, first paragraph, point (n)

G 80

(n) ‘substantiated concern’

means a well-founded

reason, based on objective

and verifiable information,

for the competent authorities

to suspect that products were

likely made with forced

labour;

(n) ‘substantiated concern’

means a well-founded

reason, based on objective,

factual and verifiable

information, for the

competent authorities to

suspect that products were

likely made with forced

labour;

(n) ‘substantiated concern’

means a well-founded

reason,reasonable

indication based on

objective and verifiable

information, for the

competent authorities to

suspect that products were

likely made with forced

labour;

(n) ‘substantiated concern’

means a well-founded

reason,reasonable

indication based on

objective, factual and

verifiable information, for

the competent authorities to

suspect that products were

likely made with forced

labour;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 2, first paragraph, point (na)

Y 80a

(na) 'Competent authority’

means competent authority

as designated pursuant to

Article 5 of this Regulation;

Article 2, first paragraph, point (o)

G 81

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

(o) ‘customs authorities’

means customs authorities as

defined in Article 5, point

(1), of Regulation (EU) No

952/2013;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (p)

G 82

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and placed under the

customs procedure ‘release

for free circulation’;

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and placed under the

customs procedure ‘release

for free circulation’;

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and to be placed

under the customs procedure

‘release for free circulation’;

(p) ‘products entering the

Union market’ means

products from third countries

intended to be placed on the

Union market or intended

for private use or

consumption within the

customs territory of the

Union and to be placed

under the customs procedure

‘release for free circulation’;

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 2, first paragraph, point (q)

G 83

(q) ‘products leaving the

Union market’ means

products placed under the

customs procedure ‘export’;

(q) ‘products leaving the

Union market’ means

products placed under the

customs procedure ‘export’;

(q) ‘products leaving the

Union market’ means

products to be placed under

the customs procedure

‘export’;

(q) ‘products leaving the

Union market’ means

products to be placed under

the customs procedure

‘export’;

Text Origin: Council

Mandate

Article 2, first paragraph, point (r)

G 84

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

(r) ‘release for free

circulation’ means the

procedure laid down in

Article 201 of Regulation

(EU) No 952/2013;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (s)

G 85

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

(s) ‘export’ means the

procedure laid down in

Article 269 of Regulation

(EU) No 952/2013;

Text Origin: Commission

Proposal

Article 2, first paragraph, point (t)

G 86 G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX establishing

the European Union Single

Window Environment for

Customs and amending

Regulation (EU) No

952/2013 COM/2020/673

final];

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX establishing

the European Union Single

Window Environment for

Customs and amending

Regulation (EU) No

952/2013 COM/2020/673

final];

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX2022/2399

establishing the European

Union Single Window

Environment for Customs

and amending Regulation

(EU) No 952/2013

COM/2020/673 final];

(t) ‘EU Customs Single

Window Certificates

Exchange System’ or (EU

CSW-CERTEX) means the

system established by

Article 4 of the [Regulation

(EU) XX/20XX2022/2399

establishing the European

Union Single Window

Environment for Customs

and amending Regulation

(EU) No 952/2013

COM/2020/673 final];

Text Origin: Council

Mandate

Article 2, first paragraph, point (u)

G 87

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX of the

European Parliament and of

the Council1].

_________ 1. Regulation (EU) XX/20XX of

the European Parliament and of the

Council of ....... ,OJ, .......

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX of the

European Parliament and of

the Council1].

_________ 1. Regulation (EU) XX/20XX of

the European Parliament and of the

Council of ....... ,OJ, .......

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX2022/2399 of

the European Parliament and

of the Council1].

_________ 1. Regulation (EU) XX/20XX

2022/2399 of the European

Parliament and of the Council of

....... ,OJ, ......23 November 2022

establishing the European Union

Single Window Environment for

Customs and amending

Regulation (EU) No 952/2013,OJ

L 317, 9.12.2022, p.1.

(u) “National single window

environments for customs”

means the national single

window environments for

customs as defined in point 9

of Article 2 of [Regulation

(EU) XX/20XX2022/2399 of

the European Parliament and

of the Council1].

_________ 1. Regulation (EU) XX/20XX

2022/2399 of the European

Parliament and of the Council of

....... ,OJ, ......23 November 2022

establishing the European Union

Single Window Environment for

Customs and amending

Regulation (EU) No 952/2013,OJ

L 317, 9.12.2022, p.1.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Text Origin: Council

Mandate

Article 3

G 88

Article 3

Prohibition of products made

with forced labour

Article 3

Prohibition of products made

with forced labour

Article 3

Prohibition of products made

with forced labour

Article 3

Prohibition of products made

with forced labour

Text Origin: Commission

Proposal

Article 3, first paragraph

G 89

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Economic operators shall not

place or make available on

the Union market products

that are made with forced

labour, nor shall they export

such products.

Text Origin: Commission

Proposal

Article 4

G 89a

Article 4

Cases where the product is

offered for distance sales

Article 4

Cases where a product is

offered through distance

selling

Text Origin: Council

Mandate

Article 4, first paragraph

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 89b

Products offered for sale

online or through other

means of distance sales

shall be deemed to be made

available on the market if

the offer is targeted at end-

users in the Union. An offer

for sale shall be considered

to be targeted at end-users

in the Union if the relevant

economic operator directs,

by any means, its activities

to one or more Member

States.

Products offered for sale

online or through other

means of distance selling

shall be deemed to be made

available on the market if

the offer is targeted at end-

users in the Union. An offer

for sale shall be considered

to be targeted at end-users

in the Union if the relevant

economic operator directs,

by any means, its activities

to one or more Member

States.

Chapter II

Investigations and decisions

of competent authorities

Chapter II

Investigations and decisions

of competent authorities and

the Commission

Chapter II

deleted

Investigations' Chapter moved to New Chapter III

Article 4

Article 4

Preliminary phase of

investigations

Article 4

Preliminary phase of

investigations

Article 4

Preliminary phase of

investigations

Preliminary phase of investigations moved to New Article 15

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 4(1)

1. Competent authorities

shall follow a risk-based

approach in assessing the

likelihood that economic

operators violated Article 3.

That assessment shall be

based on all relevant

information available to

them, including the

following information:

1. The Commission and

competent authorities shall

follow a risk-based approach

in assessing the likelihood

that economic operators

violated Article 3. That

assessment shall be based on

all relevant factual and

verifiable information

available to them, including

the following information:

Moved to row 180a [92 - 180a]

Article 4(1), point (a)

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

Moved to row 180c [93 - 180c]

Article 4(1), point (b)

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c);

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c)point (b);

Moved to row 180e [94 - 180e]

Article 4(1), point (c)

in Article 11;

Moved to row 180g [95 - 180g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 4(1), point (d)

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

Moved to row 180i [96 - 180i]

Article 4(1), point (e)

(e) information requested by

the competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour.

(e) information requested by

the Commission or the

competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour.;

Moved to row 180j [97 - 180j]

Article 4(1), point (ea)

97a

(ea) any issues arising from

meaningful consultations

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with relevant stakeholders.

Article 4(2)

2. In their assessment of the

likelihood that economic

operators violated Article 3,

competent authorities shall

focus on the economic

operators involved in the

steps of the value chain as

close as possible to where

the risk of forced labour is

likely to occur and take into

account the size and

economic resources of the

economic operators, the

quantity of products

concerned, as well as the

scale of suspected forced

labour.

2. In their assessment of the

likelihood that economic

operators violated Article 3,

the Commission and

competent authorities shall

focus on the economic

operators and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the risk

of forced labour is likely to

occur and take into account

the size and economic

resources of the economic

operators, the share of

forced labour component in

the final product, the

quantity of products

concerned, as well as the

scale of suspected forced

labour and whether state-

imposed forced labour

could be a concern.

Moved to row 188a [98 - 188a]

Article 4(2a)

98a

2a. The right of the

economic operator to be

heard shall be respected at

all stages of the process.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 4(3)

3. Before initiating an

investigation in accordance

with Article 5(1), the

competent authority shall

request from the economic

operators under assessment

information on actions taken

to identify, prevent, mitigate

or bring to an end risks of

forced labour in their

operations and value chains

with respect to the products

under assessment, including

on the basis of any of the

following:

3. Before initiating an

investigation in accordance

with Article 5(1), the

Commission or the

competent authority shall

request from the economic

operators under assessment

and relevant product

suppliers information on

actions taken to identify,

prevent, mitigate or bring to

an end risks of forced labour

and remediate forced labour

cases in their operations and

valuesupply chains with

respect to the products under

assessment, including on the

basis of any of the

following:

Moved to row 188b [99 - 188b]

Article 4(3), point (a)

100

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

Moved to row 188c [100 - 188c]

Article 4(3), point (b)

101

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

Moved to row 188d [101 - 188d]

Article 4(3), point (c)

102

or recommendations of the

UN, ILO, OECD or other

relevant international

organisations;

or recommendations of the

UN, ILO, OECD or other

relevant international

organisations, as well as of

social partners, in

particular those guidelines

and recommendations

relating to geographic

areas, productions sites and

economic activities in

certain sectors, in specific

areas with systematic and

widespread forced labour

practices;

Moved to row 188e [102 - 188e]

Article 4(3), point (d)

103

(d) any other due diligence

in relation to forced labour.

(d) any other due diligence

in relation to forced labour.

Moved to row 188f [103 - 188f]

Article 4(2b), second subparagraph

103a

The Commission and

competent authorities may

request information on

those actions from other

relevant stakeholders,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

including the persons or

associations having

submitted relevant

information pursuant to

Article 10 and any other

stakeholder working on the

products or regions related

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries.

Article 4(2c)

103b

3a. Notwithstanding

paragraph 2a, the

Commission and competent

authorities may refrain

from requesting

information from the

economic operator and

relevant product suppliers if

they have a well-founded

reason to believe, based on

objective information, that

it represents a risk to the

investigation.

Article 4(4)

104

4. Economic operators shall

respond to the request of the

competent authority referred

to in paragraph 3 within 15

4. Economic operators and

relevant product suppliers

shall respond to the request

of the Commission or

Moved to row 188g [104 - 188g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

working days from the day

they received such request.

Economic operators may

provide to competent

authorities any other

information they may deem

useful for the purposes of

this Article.

competent authority referred

to in paragraph 3 within

1530 working days from the

day they received such

request. Economic operators

may provide to the

Commission or competent

authorities any other

information they may deem

useful for the purposes of

this Article.

Article 4(5)

105

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators pursuant

to paragraph 4, the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4.

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators and

relevant product suppliers

pursuant to paragraph 4, the

Commission or the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators and relevant

product suppliers pursuant

to paragraph 4.

Moved to row 188i [105 - 188i]

Article 4(5a)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

105a

5a. Notwithstanding

paragraph 5, the

Commission or competent

authorities may conclude

that there is substantiated

concern on the basis of any

other facts available where

it was not possible to gather

information and evidence

pursuant to paragraph 4, or

where the competent

authorities or the

Commission have refrained

from requesting

information in accordance

with paragraph 3a.

Article 4(6)

106

6. The competent authority

shall duly take into account

where the economic operator

demonstrates that it carries

out due diligence on the

basis of identified forced

labour impact in its supply

chain, adopts and carries out

measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

deleted

Moved to row 188j [106 - 188j]

Article 4(7)

107

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

7. Competent authorities

shall not initiate an

investigation pursuant to

Article 5, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3, for instance due to,

but not limited to, the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

7. The Commission or

competent authorities shall

not initiate an investigation

pursuant to Article 5, and

shall inform the economic

operators under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the

Commission or the

competent authorities

consider that there is no

substantiated concern of a

violation of Article 3, or that

the reasons that motivated

the existence of a

substantiated concern have

been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Moved to row 188k [107 - 188k]

Article 4a

G 107a G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 12

Competent authorities

Moved reference text

Article 125

Competent authorities

Moved from row 167 [167 - 107b]

EP Article 12

Competent authorities

Article 125

Competent authorities

Text Origin: Council

Mandate

Article 4a(1)

G 107b

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

Moved reference text

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member StateThese

competent authorities shall

be responsible for ensuring

the work in close

cooperation with the

Commission to ensure an

effective and uniform

implementation of this

Regulation throughout the

Union.

Moved from row 168 [168 - 107c]

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

1. Member States shall

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities and the

Commission shall work in

close cooperation and be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

Article 4a(2)

G 107c

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Moved reference text

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Moved from row 169 [169 - 107d]

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Text Origin: Commission

Proposal

Article 4a(3), first subparagraph

R 107d

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

Moved reference text

3. No later than three[OP

enter DATE = 12 months

after the date of entry into

force of this Regulation],

Member States shall,

through the information and

communication system

referred to in Article

22(1)8(1), provide the

Commission and the other

Member States with the

following information:

Moved from row 170 [170 - 107e]

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

3. No later than three[OP

enter DATE = X months

after the date of entry into

force of this Regulation],

Member States shall,

through the information and

communication system

referred to in Article

22(1)8(1), provide the

Commission and the other

Member States with the

following information:

Text Origin: Council

Mandate

Article 4a(3), first subparagraph, point (a)

G 107e

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 171 [171 - 107f]

Text Origin: Commission

Proposal

Article 4a(3), first subparagraph, point (b)

G 107f

(b) the areas of competence

of the designated competent

authority or authorities.

Moved reference text

(b) the areas of competence

of the designated competent

authority or authorities.

Moved from row 172 [172 - 107g]

(b) the areas of competence

of the designated competent

authority or authorities.

(b) the areas of competence

of the designated competent

authority or authorities.

Text Origin: Commission

Proposal

Article 4a(3), second subparagraph

G 107g

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Moved reference text

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Moved from row 173 [173 - 107h]

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Text Origin: Commission

Proposal

Article 4a(4)

G 107h

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on the Forced Labour

Single Portal referred to in

Article 12 its website and

shall regularly update that

list, based on the updates

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

4. The Commission shall

make the list of the

designated competent

authorities publicly available

on the Forced Labour

Single Portal its website and

shall regularly update that

list, based on the updates

received from Member

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

received from Member

States.

Moved from row 174 [174 - 107i]

States.

Text Origin: Council

Mandate

Article 4a(5)

G 107i

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers and

resources to carry out the

investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

Moved reference text

5. Member States shall

ensure that the designated

competent authority or

authorities exercise its or

their powers impartially,

transparently and with due

respect for obligations of

professional secrecy.

Member States shall ensure

that their competent

authorities have the

necessary powers and

resources to carry out the

investigations, including

sufficient budgetary and

other resources and

coordinate closely and

exchange information with

the relevant national

authorities such as the labour inspections and

judicial and law enforcement

authorities, including those

responsible for the fight

against trafficking in human

beings.

Moved from row 175 [175 -

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers, expertise

and resources to carry out

the investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers, expertise,

and resources to carry out

the investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

107j]

Article 4a(6)

G 107j

6. Competent authorities

may cooperate with other

national authorities

relevant for the

implementation of this

regulation, such as the

authorities designated by

the Member State under

Directive (EU) [XXX/XXX]

on Corporate Sustainability

Due Diligence and Directive

(EU) 2019/1937 of the

European Parliament and

of the Council of 23

October 2019 on the

protection of persons who

report breaches of Union

law.

6. Member States shall

ensure that competent

authorities coordinate

closely and exchange

information with the

relevant national

authorities, such as the

labour inspections and

judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings

, and the authorities

designated by the Member

State under Directive (EU)

[XXX/XXX] on Corporate

Sustainability Due

Diligence and Directive

(EU) 2019/1937 of the

European Parliament and

of the Council of 23

October 2019 on the

protection of persons who

report breaches of Union

law.

Article 4a(7)

G 107k

6. Member States shall

confer on their competent

67. Member States shall

confer on their competent

6. Member States shall

confer on their competent

67. Member States shall

confer on their competent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities the power to

impose penalties in

accordance with Article 30.

Moved reference text

authorities the power to

impose, either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties in

accordance with Article

3034.

Moved from row 176 [176 - 107l]

authorities the power to

impose penalties in

accordance with Article 30.

authorities the power to

impose, either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties in

accordance with Article

3034.

Text Origin: Council

Mandate

Chapter IIa

G 107l

Chapter II

Governance

Chapter II

Governance

Text Origin: Council

Mandate

Article 5

108

Article 5

Investigations

Article 5

Investigations

deleted

Investigations Article moved to New Article 18

Article 5(1)

109

1. Competent authorities

that, pursuant to Article 4(5),

determine that there is a

substantiated concern of a

violation of Article 3, shall

1. The Commission or

competent authorities that,

pursuant to Article 4(5) or to

the information contained

in the delegated act referred

deleted

Moved to row 195c [109 - 195c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

decide to initiate an

investigation on the products

and economic operators

concerned.

to in Article 11a, determine

that there is a substantiated

concern of a violation of

Article 3, shall decide to

initiate an investigation on

the products and economic

operators concerned.

Article 5(2)

110

2. Competent authorities

that initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 3

working days from the date

of the decision to initiate

such investigation about the

following:

2. The Commission or

competent authorities that

initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 32

working days from the date

of the decision to initiate

such investigation about the

following:

deleted

Moved to row 203b [110 - 203b]

Article 5(2), point (a)

111

(a) the initiation of the

investigation and the

possible consequences

thereof;

(a) the initiation of the

investigation and the

possible consequences

thereof;

deleted

Moved to row 203c [111 - 203c]

Article 5(2), point (b)

112

(b) the products subject to

the investigation;

(b) the products subject to

the investigation;

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved to row 203d [112 - 203d]

Article 5(2), point (c)

113

(c) the reasons for the

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

deleted

Moved to row 203e [113 - 203e]

Article 5(2), point (d)

114

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority, and the

date by which such

information has to be

submitted.

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority or the

Commission, and the date by

which such information has

to be submitted.;

deleted

Moved to row 203f [114 - 203f]

Article 5(2), point (da)

114a

(da) the requirement for

the economic operator to

demonstrate that Article 3

has not been violated with

regard to the products

coming from the geographic

areas and the economic

sectors listed in the

delegated act adopted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Article 11a.

Article 5(3)

115

3. Where requested to do so

by competent authorities,

economic operators under

investigation shall submit to

those competent authorities

any information that is

relevant and necessary for

the investigation, including

information identifying the

products under investigation,

the manufacturer or producer

of those products and the

product suppliers. In

requesting such information,

competent authorities shall

to the extent possible:

3. Where requested to do so

by the Commission or

competent authorities,

economic operators under

investigation and relevant

product suppliers shall

submit to the Commission

or those competent

authorities any information

that is relevant and

necessary for the

investigation, including

information identifying the

products under investigation,

the manufacturer or producer

of those products and the

product suppliers. In

requesting such information,

the Commission or competent authorities shall

to the extent possible:

deleted

Moved to row 203g [115 - 203g]

Article 5(3), point (a)

116

(a) prioritise the economic

operators under investigation

involved in the steps of the

value chain as close as

possible to where the likely

risk of forced labour occurs

and

(a) after identifying the

individual responsibilities,

along the supply chain, of

different product suppliers

down to the level where

forced labour is taking

place, prioritise the

deleted

Moved to row 203i [116 - 203i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

economic operators under

investigation and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the

forced labour likely

riskoccurs and with the

highest leverage to prevent,

mitigate, bring to an end

and remediate the use of

forced labour occurs, and

Article 5(3), point (b)

117

(b) take into account the

size and economic resources

of the economic operators,

the quantity of products

concerned, as well as the

scale of suspected forced

labour.

(b) take into account the

size and economic resources

of the economic operators,

in particular whether the

operator is an SME, the

quantity of products

concerned, the complexity of

the supply chain, as well as

the scale of suspected forced

labour.

deleted

Moved to row 203j [117 - 203j]

Article 5(4)

118

4. Economic operators shall

submit the information

within 15 working days from

the request referred to in

paragraph 3 or make a

justified request for an

extension of that time limit.

4. Economic operators and

relevant product suppliers

shall submit the information

within 1530 working days

from the request referred to

in paragraph 3 or make a

justified request for an

deleted

Moved to row 203k [118 - 203k]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

extension of that time limit.

Article 5(5)

119

5. When deciding on the

time limits referred to in this

Article, competent

authorities shall consider the

size and economic resources

of the economic operators

concerned.

5. When deciding on the

time limits referred to in this

Article, the Commission

and competent authorities

shall consider the size and

economic resources of the

economic operators

concerned, including

whether the economic

operator is an SME.

deleted

Moved to row 203l [119 - 203l]

Article 5(6)

120

6. Competent authorities

may carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

6. The Commission and

competent authorities may

carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Moved to row 203n [120 - 203n]

Article 5(6a)

120a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

6a. The Commission and

competent authorities may

ask diplomatic

representations of the

Union in relevant third

countries to provide

information and support.

Article 5(6b)

120b

6b. The Commission and

competent authorities may

request relevant

information from other

stakeholders.

Article 5a

G 120c

Article 24

Union Network Against

Forced Labour Products

Moved reference text

Article 246

Union Network Against

Forced Labour Products

Moved from row 240 [240 - 120c]

EP Article 24

Union Network Against

Forced Labour Products

Article 246

Union Network Against

Forced Labour Products

Text Origin: Council

Mandate

Article 5a(1)

G 120d

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

hereby established.

1a. The Network shall

serve as a platform for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

Moved reference text

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

Moved from row 241 [241 - 120d]

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

The Commission shall

coordinate the work of the

Network.

1a. The Commission and

the Member States shall

ensure that the Network has

the necessary resources to

carry out the tasks referred

to in paragraph 3, including

sufficient budgetary and

other resources.

structured coordination and

cooperation between the

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

Article 5a(2)

G 120e

2. The Network shall be

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

Moved reference text

2. The Network shall be

composed of

representativesa

representative from each

Member States’ competent

authority, State and

representatives from the

Commission. On an ad hoc

basis, Member State

representatives may invite and, where appropriate,

experts from the customs

2. The Network shall be

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

2. The Network shall be

composed of representatives

from each Member States’

competent authorityState,

representatives from the

Commission and, where

appropriate,

expertsrepresentatives from

the customs authorities.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities or other relevant

Member State authorities.

Where appropriate, external

experts and stakeholders

may be invited to participate

in the meetings.

Moved from row 242 [242 - 120e]

Article 5a(3)

G 120f

3. The Commission shall

chair the Network and

provide technical and

logistical support to its

members through an

executive secretariat.

2a A representative from

the Commission shall chair

the meetings of the

Network.

2b. The Network shall have

a secretariat. It shall be

provided by the

Commission. The

secretariat shall organise

the meetings of the Network

and provide technical and

logistical support to the

Network.

2a. The Commission shall

coordinate the work of the

Network. A representative

from the Commission shall

chair the meetings of the

Network.

2b. The Network shall have

a secretariat provided by the

Commission. The

secretariat shall organise

the meetings of the Network

and provide technical and

logistical support to the

Network.

Text Origin: Auxiliary

Article 5a(4)

G 120g

4. Members of the Network

shall actively participate to

4. (ca) facilitate capacity

building activities and

2c. Members of the

Network shall actively

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

ensure efficient

coordination and

cooperation, and contribute

to uniform risk-based

approaches and

administrative practices for

the implementation of this

Regulation.

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

participate to ensure

efficient coordination and

cooperation, and contribute

to the uniform

implementation of this

Regulation.

Text Origin: Council

Mandate

Article 5a(4), point (a)

G 120h

3. The Network shall have

the following tasks:

Moved reference text

35. The Network shall have

the following tasks:

Moved from row 243 [243 - 120h]

EP 3. The Network shall

have the following tasks:

3. The Network shall have

the following tasks:

Text Origin: Commission

Proposal

Article 5a(4), point (b)

G 120i

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

Moved reference text

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practicesto achieve the

objective of prohibiting

products made from forced

labour on the Union

market, providing guidance

with a view to supporting

the identification [by the

Commission] of

enforcement at Union level,

thereby further contributing

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

(a) facilitate the

identification of common

enforcement priorities forto

achieve the objectives of

prohibiting products made

with forced labour on the

Union market and

contributing to the fight

against forced labour;

(d) facilitate the

coordination of

investigations, [including

the designation of the lead

competent authority ]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the fight against forced

labour;

Moved from row 244 [244 - 120i]

(i) follow-up on the enforcement activities, to of

decisions taken pursuant to

[Article 20];

(d) upon request from the

Commission, contribute to

the development of

guidelines referred to in

Article [11]

(b) facilitate and

coordinate the collection

and exchange of

information, expertise and

best practices with regard to

the application of this

Regulation;

(da) contribute to uniform

risk-based approaches and

administrative practices for

the implementation of this

Regulation;

(l) promote best practices

in the application of

penalties provided by

[Article 34];

(m) cooperate, as

appropriate, with

Commission services, Union

agencies or Member State

authorities relevant for the

implementation of this

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Regulation,

(k) promote the

cooperation, exchanges of

personnel and visit

programmes among

competent authorities and

customs authorities, as well

as between these and third

countries’ competent

authorities and

international organisations;

(h) facilitate the

organisation of training and

capacity building activities

on the implementation of

this Regulation for

competent authorities,

customs authorities and

other relevant authorities of

Member States, the

Commission and EU

Delegations in third

countries

(n) upon request from the

Commission, provide

assistance to the

Commission on the

development of a

coordinated approach for

engagement and

cooperation with third

countries pursuant to

Article 13,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(ba) monitor situations of

systemic use of forced

labour

(cc) assist in the

organisation of information

and awareness-raising

campaigns about this

Regulation;

(j) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

traceability of products;

Article 5a(4), point (c)

G 120j

1. The Commission shall

ensure efficient cooperation

among the competent

authorities of the Member

States through facilitating

and coordinating the

exchange and collection of

information and best

practices with regard to the

application of this

Regulation.

Moved reference text

1.(b) The Commission shall

ensure efficient cooperation

among the competent

authorities of the Member

States through facilitating

and coordinatingfacilitate

and coordinate the exchange

and collection of information

and best practices with

regard to the application of

this Regulation.

Moved from Article 13(1)

Moved from row 178 [178 - 120j]

1.EP13(1) The Commission

shall ensure efficient

cooperation and

coordination among the

competent authorities of the

Member States through

facilitating and coordinating

the exchange and collection

of information and best

practices with regard to the

application of this

Regulation.

13a. The Commission shall

ensure efficient cooperation

among theOther relevant

Member State authorities

can attend meetings on an

ad hoc basis. Experts and

stakeholders, including

representatives from trade

unions and other workers’

organisations, civil society

and human rights

organisations, business

organisations, international

organisations, third

countries’ competent

authorities of the Member

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

States through facilitating

and coordinating the

exchange and collection of

information and best

practices with regard to the

application of this, the

European Agency for

Fundamental Rights, the

European Labour Authority

or relevant Commission

services, EU Delegations

and Union agencies with

expertise in the areas

covered by the Regulation

may be invited to attend

meetings of the Network or

to provide written

contributions.

Article 5a(4), point (d)

G 120k

(b) conduct joint

investigations;

Moved reference text

(b)(d) conduct jointfacilitate

the coordination of investigations pursuant to

Article 17, including the

designation of the lead

competent authority

pursuant to Article 16;

Moved from row 245 [245 - 120k]

(b)(c) conduct joint

investigations;

(ba) commission research

and monitor situations of

systemic use of forced

labour;

(b)3b. conduct joint

investigations;The Network

shall meet at regular

intervals and, where

necessary, at the duly

motivated request of the

Commission or a Member

State.

Article 5a(4), point (e)

R 120l

(e) ensure the exchange of

3c. The Commission and R

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information and

coordination between

competent authorities and

the Commission pursuant to

Article 7;

the Member States shall

ensure that the Network has

the necessary resources to

carry out the tasks referred

to in paragraph [5],

including sufficient

budgetary resources.

Article 5a(4), point (f)

G 120m

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

Moved reference text

deleted

Moved to point (h)

Moved from row 246 [246 - 120m]

deleted

Article 5a(4), point (g)

G 120n

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation;

Moved reference text

deleted

Moved from row 247 [247 - 120n]

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation, and identify

discrepancies between

enforcement at the level of

different Member States;

deleted

Article 5a(4), point (h)

G 120o G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(g) facilitate the

coordination between

competent authorities for

them to provide operational

and technical assistance

regarding the monitoring of

information and

communication systems

referred to in Article 8,

deleted

Article 5a(4), point (i)

G 120p

(h) facilitate the

organisation of training and

capacity building activities

for the competent

authorities and customs

authorities of the Member

States; Moved from Article 24(3)(c)

(e) facilitate capacity

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

(ca) facilitate capacity

building activities, such as

the organisation of training

programmes for competent

authorities and other

relevant stakeholders;

(cb) promote cooperation,

exchange of expertise,

exchanges of personnel and

voluntary mutual visit

programmes between

competent authorities and,

where appropriate, with the

authorities of partner third

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

countries or with

international organisations,

especially with the

authorities of low and lower

middle-income countries;

(cc) assist in the

organisation of information

campaigns about this

Regulation inside and

outside the Union;

(cd) involve and organise

training for the diplomatic

representations of the

Union to assist in the

information gathering and

dissemination efforts of this

Regulation;

Article 5a(4), point (j)

G 120q

(i) follow-up on the

enforcement of decisions

taken pursuant to Article

20;

deleted

Article 5a(4), point (k)

G 120r

(e) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

(e)(j) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

(e)(f) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

traceability of products;

Moved reference text

traceability of products;

Moved from row 248 [248 - 120r]

traceability of products;

Article 5a(4), point (l)

G 120s

(l) promote best practices in

the application of penalties

provided by Article 34;

deleted

Article 5a(4), point (m)

G 120t

(m) cooperate, as

appropriate, with other

Union agencies or national

authorities relevant for the

implementation of this

regulation, such as the

authorities designated by

the Member State under

Directive (EU) [XXX/XXX]

on Corporate Sustainability

Due Diligence and Directive

(EU) 2019/1937 of the

European Parliament and

of the Council of 23

October 2019 on the

protection of persons who

report breaches of Union

law.

deleted

Article 5a(4), point (n)

G 120u G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(f) to promote the

cooperation and exchange of

expertise and best practices

between competent

authorities and customs

authorities;

Moved reference text

deleted

Moved from row 249 [249 - 120u]

(f)(g) to promote the

cooperation and exchange of

expertise and best practices

between competent

authorities and customs

authorities, as well as

between those authorities

and competent authorities

of third countries and

international organisations,

including the World

Customs Organisation;

(fa) maintain regular

contact with the

Commission's relevant

services to receive

information from other

Union initiatives that

support the eradication of

forced labour and provide

relevant information about

the application of this

Regulation.

deleted

Article 5a(5)

G 120v

4. The Commission shall

support and encourage

cooperation between

enforcement authorities

through the Network and

participate in the meetings of

the Network.

Moved reference text

deleted

Moved from row 250 [250 - 120v]

4. The Commission shall

ensure the effective and

uniform application of this

Regulation and to that

effect support and encourage

cooperation between

enforcement authorities

through the Network.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

4a. The Network may invite

experts and stakeholders,

including social partners

and other workers’

representatives, civil society

and human rights

organisations

representatives, businesses

representatives,

international organisations,

third countries’ competent

authorities, the European

Agency for Fundamental

Rights, the European

Labour Authority or other

Union agencies with

relevant expertiseand

participate in the areas

covered by this Regulation

to attend meetings of the

Network or to provide

written contributions.

Where appropriate,

diplomatic representations

of the Union, particularly

based in countries with

regions identified having a

high risk of forced labour

occurring, shall also be

involved in the work of this

Network.

4b. The Network shall meet

at regular intervals and,

where necessary, at the duly

motivated request of the

Commission or a Member

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

State.

Article 5a(6)

G 120w

6. Upon request of the

Commission, the Network

may provide assistance in

the following tasks:

deleted

Article 6(6), point (b)

G 120x

(b) be consulted and

contribute to the

development of guidance

referred to in Article 11;

deleted

Article 6(6), point (b)

G 120y

(c) develop a coordinated

approach to engage and

cooperate with third

countries pursuant to

Article 13;

deleted

Article 5a(7)

G 120z

5. The Network shall

establish its rules of

procedure.

Moved reference text

57. The Network shall

establish its rules of

procedure.

Moved from row 251 [251 - 120z]

5. The Network shall

establish its rules of

procedure.

5. The Network shall

establish its rules of

procedure.

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 6

121

Article 6

Decisions of competent

authorities

Article 6

Decisions of competent

authorities and the

Commission

Moved to row 212b [121 - 212b]

Article 6(1)

122

1. Competent authorities

shall assess all information

and evidence gathered

pursuant to Articles 4 and 5

and, on that basis, establish

whether Article 3 has been

violated, within a reasonable

period of time from the date

they initiated the

investigation pursuant to

Article 5(1).

1. The Commission or

competent authorities shall

assess all information and

evidence gathered pursuant

to Articles 4 and 5 and, on

that basis, establish whether

Article 3 has been violated,

within a reasonable period

of time90 working days from

the date they initiated the

investigation pursuant to

Article 5(1), unless a duly

justified request for the

extension of the deadline in

Article 5(4) was accepted.

Moved to row 212c [122 - 212c]

Article 6(2)

123

2. Notwithstanding

paragraph 1, competent

authorities may establish that

Article 3 has been violated

on the basis of any other

facts available where it was

not possible to gather

information and evidence

2. Notwithstanding

paragraph 1, the

Commission or competent

authorities may establish that

Article 3 has been violated

on the basis of any other

facts available where it was

not possible to gather

Moved to row 212d [123 - 212d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Article 5(3) or

(6).

information and evidence

pursuant to Article 4(3) and

Article 5(3) or (6).

Article 6(2a)

123a

2a. Notwithstanding

paragraph 1, economic

operators shall demonstrate

that Article 3 has not been

violated in cases concerning

products coming from the

geographic area and the

economic sector listed in the

delegated act adopted

pursuant to Article 11a.

Article 6(3)

124

3. Where competent

authorities cannot establish

that Article 3 has been

violated, they shall take a

decision to close the

investigation and inform the

economic operator thereof.

3. Where the Commission

or competent authorities

cannot establish that Article

3 has been violated, they

shall take a decision to close

the investigation and inform

the economic operator

thereof. The decision to

close the investigation shall

be without prejudice to the

adoption of a new decision

to open an investigation

under Article 5(1), in the

event that the Commission

or the competent authority

receive new information

Moved to row 212e [124 - 212e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Article 4. Such

closed investigations shall

not appear in the database.

Article 6(4)

125

4. Where competent

authorities establish that

Article 3 has been violated,

they shall without delay

adopt a decision containing:

4. Where the Commission

or competent authorities

establish that Article 3 has

been violated, they shall

without delay adopt a

decision containing:

Moved to row 212f [125 - 212f]

Article 6(4), point (a)

126

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

(a) a prohibition to place or

make the products or

product components

concerned available on the

Union market and to export

them;

Moved to row 212g [126 - 212g]

Article 6(4), point (b)

127

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products that have

already been placed or made

available on the market;

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products or product

components that have

already been placed or made

available on the market;

Moved to row 212h [127 - 212h]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 6(4), point (c)

128

economic operators that

have been subject to the

investigation to dispose of

the respective products in

accordance with national law

consistent with Union law.

economic operators that

have been subject to the

investigation to

i) if the products are

perishable, donate the

products concerned to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycle the

products concerned;

iii) where points (i) and

(ii) are not possible, dispose

of the respective products in

accordance with national law

consistent with Union law.

Moved to row 212i [128 - 212i]

Article 6(5)

129

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the competent authorities

shall ensure all of the

following:

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the Commission or the

competent authorities shall

ensure all of the following:

Moved to row 212j [129 - 212j]

Article 6(5), point (a)

130

(a) that it is prohibited to

place or make available the

(a) that it is prohibited to

place or make available the

Moved to row 212k [130 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

products concerned on the

market;

products concerned on the

market;

212k]

Article 6(5), point (b)

131

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

Moved to row 212l [131 - 212l]

Article 6(5), point (c)

132

remaining with the economic

operator concerned is

disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

remaining with the economic

operator concerned is

i) if the products are

perishable, donated to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycled;

iii) where points (i) and

(ii) are not possible, disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

Moved to row 212m [132 - 212m]

Article 6(6)

133

6. Where economic

operators provide evidence

6. Where economic

operators provide evidence

Moved to row 212n [133 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to the competent authorities

that they have complied with

the decision referred to in

paragraph 4, and that they

have eliminated forced

labour from their operations

or supply chain with respect

to the products concerned,

the competent authorities

shall withdraw their decision

for the future and inform the

economic operators.

to the competent

authoritiesthe Commission

or competent authorities

establish that economic

operators have

demonstrated that they have

complied with the decision

referred to in paragraph 4,

and that they have

eliminated forced labour

from their operations or

supply chain with respect to

the products concerned and

that relevant forced labour

cases have been remediated,

the Commission or the

competent authorities shall

withdraw their decision for

the future and inform the

economic operators.

212n]

Article 6(6a)

Y 133a

Article 9

Information obligations of

the competent authorities

Moved reference text

Article 97

Information obligations of

the competent authorities

and the Commission Moved from row 149 [149 - 133a]

EP Article 9

Information obligations of

the competent authorities

Article 6(6b)

Y 133b

1. The competent authority

shall without delay inform

1. The competent authority

shall without delay inform

1. The Commission and the

competent authority shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Commission and the

competent authorities of

other Member States using

the information and

communication system

referred to in Article 22(1)

about the following:

Moved reference text

the Commission and the

competent authorities of

other Member States, and

where relevant, other

relevant Member State

authorities, using the

information and

communication system

referred to in Article

22(1)8(1) about the

following:

Moved from row 150 [150 - 133b]

without delay inform the

Commission and theother

competent authorities of

other Member States using

the information and

communication system

referred to in Article 22(1)

about the following:

Article 6a(1), point (aa)

Y 133c

(aa) any request for

information made in

accordance with Article

15(2)

(-a) any decision to open a

preliminary investigation as

referred to in Article 4,

based on one or several

submissions of information

through the mechanism

referred to in Article 10;

(-b) the existence of

substantiated concern

following the preliminary

phase of investigation,

referred to in Article 4(5);

Article 6a(1), point (a)

Y 133d

(a) any decision not to

initiate an investigation

(a) any decision not to

initiate an investigation

(a) any decision not to

initiate an investigation

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

following a preliminary

phase of investigation,

referred to in Article 4(7);

Moved reference text

following a preliminary

phase of investigation,

referred to in Article

4(7)15(6);

Moved from row 151 [151 - 133d]

following a preliminary

phase of investigation,

referred to in Article 4(7);

Article 6a(1), point (ba)

Y 133e

(ba) any result of the

preliminary phase of

investigation referred to in

Article 15(7);

Article 6a(1), point (bb)

Y 133f

(bb) any intention to

initiate an investigation

made in accordance with

Article 16(3);

Article 6a(1), point (b)

Y 133g

(b) any decision to initiate

an investigation referred to

in Article 5(1);

Moved reference text

(b) any decision to initiate

an investigation referred to

in Article 5(1)18(1);

Moved from row 152 [152 - 133g]

(b) any decision to initiate

an investigation referred to

in Article 5(1);

Article 5b(1), point (f)

Y 133h Y

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their disposal referred to in

Article 6(4);

Moved reference text

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their disposalresult of an

investigation referred to in

Article 6(4)18(6);

main content moved to paragraph 2(c)

Moved from row 153 [153 - 133h]

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their donation, recycling or

disposal referred to in

Article 6(4);

Article 5b(1), point (g)

Y 133i

(d) any decision to close the

investigation referred to in

Article 6(3);

Moved reference text

deleted

moved to paragraph 2(d)

Moved from row 154 [154 - 133i]

(d) any decision to close the

investigation referred to in

Article 6(3);

Article 5b(1), point (h)

Y 133j

(e) any withdrawal of the

decision referred to in

Article 6(6);

Moved reference text

deleted

moved to paragraph 2(e)

(e) any withdrawal of the

decision referred to in

Article 6(6);

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 155 [155 - 133j]

Article 5b(1), point (i)

Y 133k

(f) any request of an

economic operator for a

review referred to in Article

8(1);

Moved reference text

deleted

Moved from row 156 [156 - 133k]

(f) any request of an

economic operator for a

review referred to in Article

8(1);

Article 5b(1), point (j)

Y 133l

(g) any result of the review

referred to in Article 8(4).

Moved reference text

deleted

moved to paragraph 2(g)

Moved from row 157 [157 - 133l]

(g) any result of the review

referred to in Article 8(4).

Article 6(6c)

G 133m

2. The Commission shall

make available the

decisions, and the

withdrawals referred to in

the paragraph 1, points (c),

(d), (e) and (g) on a

dedicated website.

Moved reference text

deleted

Moved from row 158 [158 - 133w]

2. The Commission shall

make available the decisions,

and the withdrawals referred

to in the paragraph 1, points

(c), (d), (e) and (g) on a

dedicated website.

2a. Any decision referred to

in Article 6(4) and 6(6)

shall be communicated to

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the public by the competent

authority who adopted it or,

if the decision has been

adopted by the Commission,

by the Commission.

Article 5b(3)

Y 133n

3. The Commission shall

without delay inform the

competent authorities, and

where relevant, other

relevant Member State

authorities, using the

information and

communication system

referred to in Article 8(1)

about the following:

Article 5b(3), point (a)

Y 133o

(aa) any request for

information made in

accordance with Article

15(2);

Article 5b(3), point (b)

Y 133p

(ab) any decision not to

initiate an investigation

following a preliminary

phase of investigation,

referred to in Article 15(6);

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 5b(3), point (c)

Y 133q

(a) any result of the

preliminary phase of

investigation referred to in

Article 15(7);

Article 5b(3), point (d)

Y 133r

(b) any decision to initiate

an investigation referred to

in Article 18(1);

Article 5b(3), point (e)

Y 133s

(c) any decision referred to

in Article 20(4);

Article 5b(3), point (f)

Y 133t

(d) any information

referred to in Article 20(3);

Article 5b(3), point (g)

Y 133u

(e) any withdrawal of the

decision referred to in

Article 20(8);

Article 5b(3), point (h)

Y 133v

(g) any result of the review

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in Article 20(7);

Article 5b(3), point (i)

Y 133w

(h) any result of the

judicial review referred to

in Article 21(1e).

Article 7

134

Article 7

Content of the decision

Article 7

Content of the decision

Moved to row 214a [134 - 214a]

Article 7(1)

135

1. The decision referred to

in Article 6(4) shall contain

all of the following:

1. The decision referred to

in Article 6(4) shall contain

all of the following:

Moved to row 214b [135 - 214b]

Article 7(1), point (a)

136

(a) the findings of the

investigation and the

information underpinning

the findings;

(a) the findings of the

investigation and the

information and evidence

underpinning the findings;

Moved to row 214c [136 - 214c]

Article 7(1), point (b)

137

(b) a reasonable time limit

for the economic operators

to comply with the order,

(b) a reasonable time limit

for the economic operators

to comply with the order,

Moved to row 214d [137 - 214d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

which shall not be less than

30 working days and no

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the competent

authority shall take into

account the economic

operator’s size and economic

resources;

which shall not be less than

30 working days and no

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the Commission

or the competent authority

shall take into account the

economic operator’s size and

economic resources,

including whether the

operator is an SME;

Article 7(1), point (c)

138

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or producer

and the product suppliers;

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer, producer,

production site, or producer

and the product suppliers;

Moved to row 214e [138 - 214e]

Article 7(1), point (d)

139

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved to row 214f [139 - 214f]

Article 7(2)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

140

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

Moved to row 214h [140 - 214h]

Article 8

R 141

Article 8

Review of decisions

Article 8

Review of decisions

deleted

Article 8(1)

R 142

1. Competent authorities

shall provide economic

operators affected by a

decision adopted pursuant to

Article 6(4) the possibility of

requesting a review of that

decision within 15 working

days from the date of receipt

of that decision. In case of

perishable goods, animals

and plants, that time limit

1. Competent authorities

and the Commission shall

provide economic operators

affected by a decision

adopted pursuant to Article

6(4) the possibility of

requesting a review of that

decision within 15 working

days from the date of receipt

of that decision, and inform

them of such possibility. In

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall be 5 working days. The

request for review shall

contain information which

demonstrates that the

products are placed or made

available on the market or to

be exported in compliance

with Article 3.

case of perishable goods,

including foodstuffs,

animals and plants, that time

limit shall be 5 working

days. The request for review

shall contain information

which demonstrates that the

products are placed or made

available on the market or to

be exported in compliance

with Article 3.

Article 8(2)

R 143

2. A request for a review of

a decision adopted pursuant

Article 6(4) shall contain

new information that was

not brought to the attention

of the competent authority

during the investigation. The

request for a review shall

delay the enforcement of the

decision adopted pursuant to

Article 6(4) until the

competent authority decides

on the request for the

review.

2. A request for a review of

a decision adopted pursuant

Article 6(4) shall contain

substantial new information

that was not brought to the

attention of the competent

authority during the

investigation. The request

for a review shall delay the

enforcement of the decision

adopted pursuant to Article

6(4) until the competent

authority or the Commission

decides on the request for

the review.

deleted

Article 8(3)

R 144

3. A competent authority

shall take a decision on the

request for review within 15

3. A competent authority or

the Commission shall take a

decision on the request for

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

working days from the date

of receipt of the request. In

case of perishable goods,

animals and plants that time

limit shall be 5 working

days.

review within 15 working

days from the date of receipt

of the request. In case of

perishable goods, animals

and plants that time limit

shall be 5 working days.

Article 8(4)

R 145

4. Where a competent

authority considers that after

taking into account the new

information provided by the

economic operator in

accordance with paragraph 1

it cannot establish that the

products have been placed or

made available on the

market or are being exported

in violation of Article 3, it

shall withdraw its decision

adopted pursuant to Article

6(4).

4. Where a competent

authority or the Commission

considers that after taking

into account the new

information provided by the

economic operator in

accordance with paragraph 1

it cannot establish that the

products have been placed or

made available on the

market or are being exported

in violation of Article 3, it

shall withdraw its decision

adopted pursuant to Article

6(4) and remove the

decision from the database

referred to in Article 11.

deleted

Article 8(5)

R 146

5. Economic operators that

have been affected by a

decision of a competent

authority pursuant to this

Regulation shall have access

to a court to review the

5. Economic operators that

have been affected by a

decision of a competent

authority pursuant to this

Regulation shall have access

to a court to review the

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

procedural and substantive

legality of the decision.

procedural and substantive

legality of the decision.

Article 8(6)

R 147

6. Paragraph 5 shall be

without prejudice to any

provision of national law

which requires that

administrative review

procedures be exhausted

prior to recourse to judicial

proceedings.

6. Paragraph 5 shall be

without prejudice to any

provision of national law

which requires that

administrative review

procedures be exhausted

prior to recourse to judicial

proceedings.

deleted

Article 8(7)

R 148

7. Decisions adopted by

competent authorities

pursuant to Article 6 and to

this Article are without

prejudice to any decisions of

a judicial nature taken by

national courts or tribunals

of the Member States with

respect to the same

economic operators or

products.

7. Decisions adopted by

competent authorities

pursuant to Article 6 and to

this Article are without

prejudice to any decisions of

a judicial nature taken by

national courts or tribunals

of the Member States with

respect to the same

economic operators or

products.

deleted

Article 8a

G 148a

Article 22

Information and

communication systems

Article 228

Information and

communication systems

EP Article 22

Information and

communication systems

Article 228

Information and

communication systems

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 221 [221 - 148a]

Text Origin: Council

Mandate

Article 8a(1)

G 148b

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Moved reference text

1. For the purposes of

Chapters II and IIIIII, IV,

and V, competent authorities

and the Commission shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Moved from row 222 [222 - 148b]

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

1. For the purposes of

Chapters II and IIIIII, IV,

and V, competent authorities

and the Commission shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Text Origin: Council

Mandate

Article 8a(2)

G 148c

1a. Notwithstanding

paragraph 1, competent

authorities may use other

existing communication

systems with other

authorities within their own

Member State.

deleted

Article 8a(3)

G 148d G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

2. The decisions

communicated pursuant to

Article 15(3) shall be

entered in the relevant

customs risk management

environment.

Moved reference text

2. The decisions

communicated pursuant to

Article 15(3)25(3) shall be

entered in the relevant

customs risk management

environment.

Moved from row 223 [223 - 148d]

2. The decisions

communicated pursuant to

Article 15(3) shall be entered

in the relevant customs risk

management environment.

2. The decisions

communicated pursuant to

Article 15(3)25(3) shall be

entered in the relevant

customs risk management

environment.

Text Origin: Council

Mandate

Article 8a(4)

R 148e

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

years from the date of the

adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Moved reference text

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article

15(3)25(3) from the

information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 42. That

interconnection shall start

operating no later than two

years from the date of the

adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Moved from row 224 [224 - 148e]

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

yearsone year from the date

of the adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article

15(3)25(3) from the

information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 42. That

interconnection shall start

operating no later than

two[x] years from the date of

the adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Text Origin: Council

Mandate

Article 8a(5)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 148f

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

referred to in paragraph 1.

Moved reference text

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20Chapter V

Title II of this Regulation as

well as the ensuing messages

shall take place by means of

the information and

communication system

referred to in paragraph 1.

Moved from row 225 [225 - 148f]

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

referred to in paragraph 1.

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20Chapter V

Title II of this Regulation as

well as the ensuing messages

shall take place by means of

the information and

communication system

referred to in paragraph 1.

Text Origin: Council

Mandate

Article 8a(6)

R 148g

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs and

competent authorities

pursuant to Articles 17 to 20

of this Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation XX/20XX]1

5. An interconnection

between the information

and communication system

referred to in paragraph 1

and the EUThe Commission

shall interconnect the

national Single Window

environmentsEnvironment

for Customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of shall

be regulated by Regulation

(EU) 2022/23991 for the

purposes of exchanging the

requests and notifications

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs, the

Commission and competent

authorities pursuant to

Articles 17 to 20 of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

5. An interconnection

between the information

and communication system

referred to in paragraph 1

and the EUThe Commission

shall interconnect the

national Single Window

environmentsEnvironment

for Customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of shall

be established in

accordance with Regulation

(EU) 2022/23991 for the

purposes of exchanging the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

within four years from the

date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

_________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

Moved reference text

between customs and

competent authorities

pursuant to Articles 17 to

20Chapter IV Title II of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation

XX/20XX]1established at the

latest within four years from

the date of adoption of the

implementing act referred to

in paragraph 7(c)7(a). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

_________ 1. Established by the Regulation on

the EU[1] Regulation (EU)

2022/2399 of the European

Parliament and of the Council of

23 November 2022 establishing

the European Union Single

Window Environment for Customs

and amending Regulation (EU)

No 952/2013, OJ L 317,

9.12.2022, p. 1(EU SWE-C).

Moved from row 226 [226 - 148g]

Regulation XX/20XX]140

within fourtwo years from

the date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

__________________

1Established by the

Regulation on the EU

Single Window

Environment for Customs

(EU SWE-C).

_________ _________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

requests and notifications

between customs and

competent authorities

pursuant to Articles 17 to

20Chapter IV Title II of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation

XX/20XX]1established at the

latest within four[x] years

from the date of adoption of

the implementing act

referred to in paragraph

7(c)7(a). The exchanges

referred to in paragraph 4

shall take place through that

interconnection as soon as it

is operational.

_________ 1. Established by the Regulation on

the EU[1] Regulation (EU)

2022/2399 of the European

Parliament and of the Council of

23 November 2022 establishing

the European Union Single

Window Environment for Customs

and amending Regulation (EU)

No 952/2013, OJ L 317,

9.12.2022, p. 1(EU SWE-C).

Text Origin: Council

Mandate

Article 8a(7)

G 148h

7. The Commission is

76. The Commission is

7. The Commission is G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

Article, including:

Moved reference text

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 33(2)

to specify the procedural

rules and the details of the

implementation

arrangements for this

Article, including:

Moved from row 228 [228 - 148i]

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

Article, including:

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 33(2)

to specify the procedural

rules and the details of the

implementation

arrangements for this

Article, including:

Text Origin: Council

Mandate

Article 8a(7), point (a)

G 148i

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Moved reference text

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Moved from row 229 [229 - 148j]

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Text Origin: Commission

Proposal

Article 8a(7), point (b)

G 148j

(b) the functionalities, data

elements and data

processing, as well as the

(b) the functionalities, data

elements and data

processing, as well as the

(b) the functionalities, data

elements and data

processing, as well as the

(b) the functionalities, data

elements and data

processing, as well as the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Moved reference text

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Moved from row 230 [230 - 148k]

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Text Origin: Commission

Proposal

Article 8a(7), point (c)

G 148k

transmitted between the

information and

communication system

referred to in paragraph 1

and the national single

window environments for

customs for the purposes of

paragraph 5;

Moved reference text

deleted

Moved from row 231 [231 - 148l]

(c) the data to be transmitted

between the information and

communication system

referred to in paragraph 1

and the national single

window environments for

customs for the purposes of

paragraph 5;

deleted

Article 8a(7), point (d)

G 148l

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Moved reference text

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Moved from row 232 [232 - 148m]

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 8a(8)

G 148m

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Moved reference text

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Moved from row 227 [227 - 148h]

67. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Text Origin: Commission

Proposal

Article 9

149

Article 9

Information obligations of

the competent authorities

Article 9

Information obligations of

the competent authorities

Moved to row 133a [149 - 133a]

Article 9(1)

150

1. The competent authority

shall without delay inform

the Commission and the

competent authorities of

other Member States using

the information and

communication system

1. The Commission and the

competent authority shall

without delay inform the

Commission and theother

competent authorities of

other Member States using

the information and

Moved to row 133b [150 - 133b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in Article 22(1)

about the following:

communication system

referred to in Article 22(1)

about the following:

Article 9(1), point (-a)

150a

(-a) any decision to open a

preliminary investigation as

referred to in Article 4,

based on one or several

submissions of information

through the mechanism

referred to in Article 10;

Article 9(1), point (-b)

150b

(-b) the existence of

substantiated concern

following the preliminary

phase of investigation,

referred to in Article 4(5);

Article 9(1), point (a)

151

(a) any decision not to

initiate an investigation

following a preliminary

phase of investigation,

referred to in Article 4(7);

(a) any decision not to

initiate an investigation

following a preliminary

phase of investigation,

referred to in Article 4(7);

Moved to row 133d [151 - 133d]

Article 9(1), point (b)

152

(b) any decision to initiate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

an investigation referred to

in Article 5(1);

an investigation referred to

in Article 5(1);

Moved to row 133g [152 - 133g]

Article 9(1), point (c)

153

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their disposal referred to in

Article 6(4);

placing and making

available of the products on

the market and their export,

as well as to order the

withdrawal of the products

already placed or made

available on the market and

their donation, recycling or

disposal referred to in

Article 6(4);

Moved to row 133h [153 - 133h]

Article 9(1), point (d)

154

(d) any decision to close the

investigation referred to in

Article 6(3);

(d) any decision to close the

investigation referred to in

Article 6(3);

Moved to row 133i [154 - 133i]

Article 9(1), point (e)

155

(e) any withdrawal of the

decision referred to in

Article 6(6);

(e) any withdrawal of the

decision referred to in

Article 6(6);

Moved to row 133j [155 - 133j]

Article 9(1), point (f)

156

(f) any request of an

economic operator for a

(f) any request of an

economic operator for a

Moved to row 133k [156 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

review referred to in Article

8(1);

review referred to in Article

8(1);

133k]

Article 9(1), point (g)

157

(g) any result of the review

referred to in Article 8(4).

(g) any result of the review

referred to in Article 8(4).

Moved to row 133l [157 - 133l]

Article 9(2)

158

2. The Commission shall

make available the

decisions, and the

withdrawals referred to in

the paragraph 1, points (c),

(d), (e) and (g) on a

dedicated website.

2. The Commission shall

make available the

decisions, and the

withdrawals referred to in

the paragraph 1, points (c),

(d), (e) and (g) on a

dedicated website.

Moved to row 133w [158 - 133w]

Article 9(2a)

158a

2a. Any decision referred to

in Article 6(4) and 6(6)

shall be communicated to

the public by the competent

authority who adopted it or,

if the decision has been

adopted by the Commission,

by the Commission.

Article 9a

G 158b

Article 11

Database of forced labour

Article 119

Database of forced labour

EP Article 11

Database of forced labour

Article 119

Database of forced labour

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

risk areas or products

Moved reference text

risk areas or products

Moved from row 163 [163 - 158b]

risk areas or products

Text Origin: Council

Mandate

Article 9a(1)

R 158c

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive, verifiable

and regularly updated

database of forced labour

risks in specific geographic

areas or with respect to

specific products including

with regard to forced labour

imposed by state authorities.

The database shall be based

on the guidelines referred to

in Article 23, points (a), (b)

and (c), and relevant external

sources of information from,

amongst others, international

organisations and third

country authorities.

Moved reference text

1. The Commission shall

call uponestablish a

database, with the

assistance of external

expertise toif needed. This

database shall provide an

indicative, non-exhaustive,

verifiable and regularly

updated

databaseinformation of

forced labour risks in

specific geographic areas or

with respect to specific

products including with

regard to forced labour

imposed by state authorities.

The database shall prioritise

the identification of

widespread and severe

forced labour risks. The

database shall be based on

the guidelines referred to in

Article 2311, points (a), (b)

and (c), and relevant external

sources of information from,

amongst others, international

organisations and third

country authorities. It shall

not publicly disclose

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive,

verifiableevidence-based

and regularly updated

database of forced labour

risks in specific geographic

areas, sectors, or with

respect to specific products

including with regard to

forced labour imposed by

state authorities.

1a. The database shall be

based on the guidelines

referred to in Article 23,

points (a), (b) and

(c)independent and

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations,

social partners, and relevant

external sources of

experience from

1. [The Commission shall

call uponestablish a

database of forced labour

risk areas or products,

resorting to external

expertise.] This database

shall to provide an

indicative, non-exhaustive,

evidence-based, verifiable

and regularly updated

databaseinformation of

forced labour risks in

specific geographic areas or

with respect to specific

products or product groups

[including with regard to

forced labour imposed by

state authorities]. The

database shall prioritise the

identification of widespread

and severe forced labour

risks.

1a. The database shall be

based on the guidelines

referred to in Article 23,

points (a), (b) and (c), and

relevant external sources

ofindependent and

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information that directly

names economic operators.

The database shall be made

available in all official

languages of the Union. Moved from row 164 [164 - 158c]

implementing Union law

setting out due diligence

requirements with respect to

forced labour.

1b. Based on reliable and

verifiable evidence, the

database shall, in

particular, identify specific

economic sectors in specific

geographic areas, where

there is high risk of forced

labour being imposed by

state authorities.

1c. The database shall

include a list of all decisions

of the Commission and

competent authorities

pursuant to Article 6(4) and

Article 6(6).

1d. The database shall

include a list of publicly

available information from,

amongst others,

international organisations

and third country

authoritiessources of

relevance for the

implementation of this

Regulation, including

sources which make

available disaggregated

data on the impact and

victims of forced labour,

such as gender-

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations, and

social partners.

It shall not publicly disclose

information that directly

names economic operators.

The database shall be made

available in all official

languages of the Union. information from, amongst

others, international

organisations and third

country authorities.

COM to redraft

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

disaggregated data or data

about forced child labour,

allowing to identify age-

and gender-specific trends.

Article 9a(2)

R 158d

2. The Commission shall

ensure that the database is

made publicly available by

the external expertise at the

latest 24 months after the

entry into force of this

Regulation.

Moved reference text

2. The Commission shall

ensure that the database is

made publicly available by

the external expertise at the

latest 24no later than [OP

office: 18 months after the

entry into force of this

Regulation].

Moved from row 165 [165 - 158d]

2. The Commission shall

ensure that the database is

easily accessible, including

for persons with disabilities,

and made publicly available,

in all official languages of

the institutions of the

Union, by the external

expertise at the latest 2412

months after the entry into

forcebefore the date of

application of this

Regulation.

2. The Commission shall

ensure that the database is

easily accessible, including

for persons with disabilities,

and made publicly available,

in all official languages of

the [institutions of the]

Union, by the external

expertise at the latest 24[X

months after the entry into

forcebefore the date of

application] of this

Regulation.

Text Origin: Auxiliary

Article 9a(3)

G 158e

3. Economic operators

placing or making available

on the Union market or

exporting products which are

not mentioned in the

database referred to in

paragraph 1 of this Article,

or which come from areas

that are not mentioned in

deleted

Moved from row 166 [166 - 158e]

3. Economic operators

placing or making available

on the Union market or

exporting products which

are not mentioned in the

database referred to in

paragraph 1 of this Article,

or which come from areas

that are not mentioned in

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

that database, shall also be

required to comply with

Article 3.

Moved reference text

that database, shall also be

required to comply with

Article 3.deleted

Article 10

G 159

Article 10

Submission of information

regarding violations of

Article 3

Article 10

Submission of information

regarding violations of

Article 3

Article 10

Submission ofSingle

information regarding

violations of Article

3submission point

Article 10

Submission ofSingle

information regarding

violations of Article

3submission point

Text Origin: Council

Mandate

Article 10(1)

G 159a

1. The Commission shall

set up a single information

submission point, available

on the forced labour single

window referred to in

Article 12. Information

submission shall be possible

in all official languages of

the Union.

EP1a. The Commission

shall set up a dedicated

centralised mechanism for

the submission of

information pursuant to

paragraph 1. This

mechanism shall be

available in all official

languages of the institutions

of the Union, and it shall be

user friendly and free of

charge.

1. The Commission shall

set up a dedicated

centralised mechanism for

the submission of

information. This

mechanism shall be

available in all official

languages [of the

institutions] of the Union,

and it shall be user friendly

and free of charge.

Text Origin: Auxiliary

Article 10(1)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 160

1. Submissions of

information by any natural

or legal person or any

association not having legal

personality, to competent

authorities on alleged

violations of Article 3 shall

contain information on the

economic operators or

products concerned and

provide the reasons

substantiating the allegation.

1. Submissions of

information by any natural

or legal person or any

association not having legal

personality, to the

Commission or a competent

authoritiesauthority on

alleged violations of Article

3 shall contain information

on the economic operators or

products concerned and

provide the reasons

substantiating the allegation.

Submissions may be

addressed to more than one

competent authority.

12. Submissions of

information on alleged

violations of Article 3 to

competent authorities may

only be made via the single

information submission

point referred to in

paragraph 1 by any natural

or legal person or any

association not having legal

personality, to competent

authorities on alleged

violations of Article 3

located in the EU and shall

contain information on the

economic operators or

products concerned and

provide the reasons and

evidence substantiating the

allegation, and where

applicable, supporting

documents. The

Commission is empowered

to adopt implementing acts

to specify the procedural

rules, templates and details

of the submissions. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

12. Submissions of

information on alleged

violations of Article 3 shall

be made via the single

information submission

point referred to in

paragraph 1 by any natural

or legal person or any

association not having legal

personality, to competent

authorities on alleged

violations of Article 3. The

submissions shall contain

information on the economic

operators or products

concerned and, provide the

reasons and evidence

substantiating the allegation,

and where possible,

supporting documents. The

Commission is empowered

to adopt implementing acts

to specify the procedural

rules, templates and details

of the submissions. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33.

Article 10(1a)

160a

1a. The Commission shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

set up a dedicated

centralised mechanism for

the submission of

information pursuant to

paragraph 1. This

mechanism shall be

available in all official

languages of the institutions

of the Union, and it shall be

user friendly and free of

charge.

moved above

deleted

Article 10(1b)

Y 160b

3. The Commission shall

assess whether the products

concerned by the

submission referred to in

paragraph 2 are of Union

interest pursuant to Article

14(3). Where the products

concerned are of Union

interest, the Commission

shall proceed with the

preliminary phase of

investigation pursuant to

Article 15.

3. The Commission shall

discard any submissions

that are manifestly

incomplete or unfounded or

[made in bad faith] and

distribute the remaining

submissions according to

the allocation key referred

to in Article 14a for their

assessment.

Article 10(1c)

G 160c

1b. In order to ensure

uniform conditions for the

submission of information,

the Commission shall adopt

implementing acts

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

establishing templates for

the submission of

information. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 29.

Article 10(1d)

G 160d

4. Where the products

concerned are not of Union

interest, the submission

referred to in paragraph 2

shall be directed to a

competent authority in a

way to ensure a fair and

balanced distribution of

submissions. Such

distributions among

competent authorities shall

be based on objective

criteria, including the

location of the registered

office, the central

administration or principal

place of business of the

economic operator

concerned, and the territory

in which the product

concerned is placed or

made available, exported or

manufactured.

The Commission shall

adopt implementing acts

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

setting out the process to

designate the competent

authority to which the

submission shall be

directed. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

The first such implementing

act shall be adopted by [OP

enter date = 35 months

after the entry into force].

Article 10(2)

G 161

2. The competent authority

shall, as soon as possible,

inform the person or

association referred to in

paragraph 1 of the outcome

of the assessment of their

submission.

2. The Commission or the

competent authority shall

diligently and impartially

assess the information and,

as soon as possible, inform

the person or association

referred to in paragraph 1 of

the outcome of the

assessment of their

submission.

25. The competent authority

or the Commission shall, as

soon as possiblewithin a

reasonable period of time,

inform the person or

association referred to in

paragraph 12 of the outcome

of the assessment of their

submission.

24. The lead competent

authority in charge of the

assessment pursuant to

paragraph 3 shall, as soon

as possible, inform the

person or association

referred to in paragraph 1

diligently and impartially

asses the information,

acknowledge the receipt of

the submission and inform

the person of the outcome of

the assessment of theirits

submission as soon as

possible.

5. The lead competent

authority may ask the

person or association

referred to in paragraph 1

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to provide additional

information.

COM to redraft

Article 10(2a)

G 161a

2a. In cases where there is

a significant time interval

between the submission of

information and the

outcome of the assessment,

the Commission or

competent authorities shall

confirm with such person or

association that the

situation has, to the best of

their knowledge, not

significantly changed.

6. In cases where there is a

significant time interval

between the submission of

information and the

decision to proceed with an

investigation according to

Chapter III, the lead

competent authority shall,

to the extent possible, verify

with the person or

association submitting the

information whether the

situation has, to the best of

their knowledge,

significantly changed. EP to redraft

Article 10(3)

G 162

3. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

3. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

36. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

37. Directive (EU)

2019/1937 of the European

Parliament and of the

Council1 shall apply to the

reporting of all breaches of

this Regulation and the

protection of persons

reporting such breaches.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

_________ 1. Directive (EU) 2019/1937 of the

European Parliament and of the

Council of 23 October 2019 on the

protection of persons who report

breaches of Union law, OJ L 305,

26.11.2019, p. 17.

COM to redraft

Text Origin: Commission

Proposal

Article 10(3a)

Y 162a

6a. The identity of the

natural or legal person or

any association not having

legal personality making a

submission pursuant to

paragraph 2 shall not be

made available to the

public.

COM to redraft

Article 11

163

Article 11

Database of forced labour

risk areas or products

Article 11

Database of forced labour

risk areas or products

Moved to row 158b [163 - 158b]

Article 11(1)

164

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive, verifiable

1. The Commission shall

call upon external expertise

to provide an indicative,

non-exhaustive,

Moved to row 158c [164 - 158c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and regularly updated

database of forced labour

risks in specific geographic

areas or with respect to

specific products including

with regard to forced labour

imposed by state authorities.

The database shall be based

on the guidelines referred to

in Article 23, points (a), (b)

and (c), and relevant external

sources of information from,

amongst others, international

organisations and third

country authorities.

verifiableevidence-based

and regularly updated

database of forced labour

risks in specific geographic

areas, sectors, or with

respect to specific products

including with regard to

forced labour imposed by

state authorities. The

database shall be based on

the guidelines referred to in

Article 23, points (a), (b)

and (c), and relevant

external sources of

information from, amongst

others, international

organisations and third

country authorities.

Article 11(1a)

164a

1a. The database shall be

based on independent and

verifiable information,

including reports from

international organisations,

in particular the

International Labour

Organization, civil society,

business organisations,

social partners, and

relevant experience from

implementing Union law

setting out due diligence

requirements with respect to

forced labour.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 11(1b)

164b

1b. Based on reliable and

verifiable evidence, the

database shall, in

particular, identify specific

economic sectors in specific

geographic areas, where

there is high risk of forced

labour being imposed by

state authorities.

Article 11(1c)

164c

1c. The database shall

include a list of all decisions

of the Commission and

competent authorities

pursuant to Article 6(4) and

Article 6(6).

Article 11(1d)

164d

1d. The database shall

include a list of publicly

available information

sources of relevance for the

implementation of this

Regulation, including

sources which make

available disaggregated

data on the impact and

victims of forced labour,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

such as gender-

disaggregated data or data

about forced child labour,

allowing to identify age-

and gender-specific trends.

Article 11(2)

165

2. The Commission shall

ensure that the database is

made publicly available by

the external expertise at the

latest 24 months after the

entry into force of this

Regulation.

2. The Commission shall

ensure that the database is

easily accessible, including

for persons with disabilities,

and made publicly available,

in all official languages of

the institutions of the

Union, by the external

expertise at the latest 2412

months after the entry into

forcebefore the date of

application of this

Regulation.

Moved to row 158d [165 - 158d]

Article 11(3)

166

3. Economic operators

placing or making available

on the Union market or

exporting products which are

not mentioned in the

database referred to in

paragraph 1 of this Article,

or which come from areas

that are not mentioned in

that database, shall also be

required to comply with

deleted

Moved to row 158e [166 - 158e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 3.

Article 11a

R 166a

Article 11a

Forced labour imposed by

state authorities

Based on the information

included in the database

referred to in Article 11(1b),

or on the information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

the Commission is

empowered to adopt

delegated acts in

accordance with Article 27

to supplement this

Regulation by determining

specific economic sectors in

specific geographic areas,

where a high risk of forced

labour imposed by state

authorities has been

identified.

Article 11a

Forced labour imposed by

state authorities

1. Based on reliable and

verifiable evidence, the

database shall in particular

identify specific economic

sectors in specific

geographic areas, where

there is high risk of forced

labour imposed by state

authorities.

2. Based on this

information, or on the

information and decisions

encoded in the information

and communication system

referred to in Article 22(1),

the Commission is

empowered to adopt

delegated acts in

accordance with Article 27

to supplement this

Regulation by determining

specific economic sectors in

specific geographic areas,

where a high risk of forced

labour imposed by state

authorities has been

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

identified.

Article 11b

G 166b

Article 23

Guidelines

Moved reference text

Article 2311

Guidelines

Moved from row 233 [233 - 166b]

EP Article 23

Guidelines

Article 2311

Guidelines

Text Origin: Council

Mandate

Article 11b(1), first subparagraph

R 166c

The Commission shall issue

guidelines no later than 18

months after the entry into

force of this Regulation,

which shall include the

following:

Moved reference text

1. The Commission, in

consultation with relevant

stakeholders, shall

issuemake available and

regularly update guidelines,

no later than [OP enter

DATE = 18 months after the

entry into force of this

Regulation], for competent

authorities, customs

authorities, economic

operators, with a specific

focus on SMEs, and

relevant stakeholders. These

guidelines, which shall

include the following

elements, adapted as

necessary to the relevant

addressees:

Moved from row 234 [234 - 166c]

The Commission shall issue

guidelines no later than 1812

months after the entry into

forcebefore the date of

application of this

Regulation, which shall

include the following:

The Commission, in

consultation with relevant

stakeholders, shall

issuemake available and

regularly update guidelines,

no later than 18[OP enter

DATE = X months after the

entry into force of this

Regulation], which shall

include the following:

EP to redraft

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 11b(1), second subparagraph

G 166d

(a) guidance on due

diligence in relation to

forced labour, which shall

take into account applicable

Union legislation setting out

due diligence requirements

with respect to forced

labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators;

Moved reference text

(a) guidance on due

diligence in relation to

forced labour, which shall

take into account applicable

Union legislation setting out

due diligence requirements

with respect to forced

labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators, such

guidance should include

information and best

practices on how to bring to

an end and remediate

forced labour;

Moved from row 235 [235 - 166d]

(a) (a) guidance on due

diligence in relation to

forced labour, including

forced child labour, which

shall take into account

applicable Union legislation

setting out due diligence

requirements with respect to

forced labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators,

different types of suppliers

along the supply chain,

different sectors and the

particular risks associated

with forced labour imposed

by state authorities;

(aa) [moved to 166j]

(ab) [moved to 166i]

(ac) guidance for economic

operators on measures that

are suitable and effective

for bringing to an end

different types of forced

labour;

(a) guidance for economic

operators on due diligence

in relation to forced labour,

including forced child

labour, which shall take into

account applicable national

and Union legislation, in

particular [Directive

20XX/XX/EU of the

European Parliament and

of the Council on Corporate

Sustainability Due

Diligence], setting out due

diligence requirements with

respect to forced labour,

guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators,

different types of suppliers

along the supply chain, and

different sectors.

(c) guidance for economic

operators on best practices

for bringing to an end and

remediating different types

of forced labour;

Article 11b(1), third subparagraph

Y 166e Y

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(aa) information on how

this Regulation relates to

other due diligence

legislation, in particular

[Directive 20XX/XX/EU of

the European Parliament

and of the Council on

Corporate Sustainability

Due Diligence];

(e) guidance for competent

authorities on the practical

application of Articles 4 and

5, Article 11, Article 16 and,

where appropriate, any

other provision laid down in

Chapter III of this

Regulation, including

benchmarks for assisting

competent authorities in

their risk-based assessments

of investigations and

guidelines on the applicable

standard of evidence and on

how to ensure that

economic operators can use

the official language of

their place of establishment.

(e) guidance for competent

authorities on the practical

implementation of Articles

15 and 18 [preliminary

phase of investigations and

investigations, EP

mandate], Article 9

[database], including

benchmarks for assisting

competent authorities in

their risk-based assessments

of investigations and

guidelines on the applicable

standard of evidence [and

on how to ensure that

economic operators can use

the official language of

their place of

establishment].

Article 11b(1), fourth subparagraph

G 166f

(ab) guidance for the

practical implementation of

Article 26 and, where

appropriate, any other

provision laid down in Title

II of Chapter V of this

Regulation;

(ab) guidance for customs

authorities and economic

operators for the practical

implementation of Article

26 and, where appropriate,

any other provision laid

down in Section II of

Chapter V of this

Regulation;

Text Origin: Council

Mandate

Article 11b(1), fifth subparagraph

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 166g

(b) information on risk

indicators of forced labour,

which shall be based on

independent and verifiable

information, including

reports from international

organisations, in particular

the International Labour

Organization, civil society,

business organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Moved reference text

(b) information on risk

indicators of forced labour,

which shall be based on

independent and verifiable

information, including

reports from international

organisations, in particular

the International Labour

Organization, civil society,

business organisations, trade

unions and experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Moved from row 236 [236 - 166g]

(b)(c) information on risk

indicators of forced labour,

including how to identify

them, which shall be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the International

Labour Organization, civil

society, business

organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

(b)(c?) information on risk

indicators of forced labour,

including on how to identify

them, which shall be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the International

Labour Organization, civil

society, business

organisations, trade unions,

and experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Article 11b(1), sixth subparagraph

R 166h

available information

sources of relevance for the

implementation of this

Regulation;

Moved reference text

the database referred to in

Article 9 and a list of

publicly available

information sources of

relevance for the

implementation of this

Regulation;

Moved from row 237 [237 - 166h]

(c)(d) a list of publicly

available information

sources of relevance for the

implementation of this

Regulation;[deleted]

(c)(b) a list of publicly

available information

sources of relevance for the

implementation of this

Regulationguidance for

economic operators on due

diligence in relation to

forced labour imposed by

state authorities;

Article 11b(1), seventh subparagraph

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 166i

(d) guidance as to

submission of information

or evidence pursuant to

articles 16(4), 18(2);

(ab) guidance for

economic operators and

product suppliers on how to

engage in dialogue with

competent authorities

pursuant to Articles 4 and

(d) guidance for economic

operators and product

suppliers on how to engage

in dialogue with competent

authorities pursuant to

Chapter III, in particular

on the type of information

to be submited.

Article 11b(1), eighth subparagraph

G 166j

(e) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.

Moved reference text

(e) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.on how to

submit information

pursuant to Article 10(2); Moved from row 239 [239 - 166j]

(e)(aa) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.on how to

submit information

pursuant to Article 10;

(e) guidance for the

practicalon how to submit

information pursuant to

Article [single information

submission point]

(h) further information

to facilitate the competent

authorities’ implementation

of Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulationand the economic

operator’s compliance with

this Regulation, including

guidance for Member States

on the method for

calculating financial

penalties and the thresholds

applicable.

Article 11b(2)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

R 166k

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

Moved reference text

(d)(f) further information to

facilitate the competent

authorities’ implementation

of and the economic

operator’s compliance this

Regulation;.

Moved from row 238 [238 - 166k]

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

The guidance referred to in

paragraph 1, point (a), shall

focus in particular on

assisting small and

medium-sized enterprises

(SMEs) and economic

operators outside the scope

of [Directive 20XX/XX/EU

on Corporate Sustainability

Due Diligence] in

complying with this

Regulation, and in

particular with regard to

cases referred to in Article

5(2), point (da).

Furthermore, the

Commission shall develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

(d) further information to

facilitate the [The guidance

referred to in paragraph 1,

points (a) and (b), shall

focus in particular on

assisting small and

medium-sized enterprises

(SMEs) and economic

operators outside the scope

of [Directive 20XX/XX/EU

on Corporate Sustainability

Due Diligence] in

complying with this

Regulation.

Furthermore, the

Commission shall develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. These

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

National competent

authorities’ implementation

of shall support micro,

small and medium-sized

enterprises (SMEs) by

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

National competent

authorities shall support

micro, small and medium-

sized enterprises (SMEs) by

organizing trainings on

forced labour risk

indicators and on

engagement with

authorities during

investigations, and set up a

hotline for questions related

to this Regulation.

The Commission shall

consult relevant

stakeholders and partners

when elaborating the

guidelines referred to in this

Article.

The guidelines shall be

consistent with guidelines

provided in accordance with

other relevant Union law.

organizing trainings on

forced labour risk

indicators and on

engagement with

authorities during

investigations, and set up a

hotline for questions related

to this Regulation;.]

The guidelines shall be

consistent with guidelines

provided in accordance with

other relevant Union Law.

Article 12

167

Article 12

Competent authorities

Article 12

Competent authorities

Moved to row 107b [167 - 107b]

Article 12(1)

168

1. Member States shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

designate one or more

competent authorities

responsible for carrying out

the obligations set out in this

Regulation. Designated

Member State competent

authorities shall be

responsible for ensuring the

effective and uniform

implementation of this

Regulation throughout the

Union.

Moved to row 107c [168 - 107c]

Article 12(2)

169

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

2. Where Member States

have designated more than

one competent authority,

they shall clearly demarcate

the respective duties and

establish communication and

coordination mechanisms

that enable those authorities

to collaborate closely and

exercise their duties

effectively.

Moved to row 107d [169 - 107d]

Article 12(3), first subparagraph

170

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

3. No later than three

months after the date of

entry into force of this

Regulation, Member States

shall, through the

information and

Moved to row 107e [170 - 107e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

communication system

referred to in Article 22(1),

provide the Commission and

the other Member States

with the following

information:

Article 12(3), first subparagraph, point (a)

171

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

(a) the names, addresses and

contact details of the

designated competent

authority or authorities;

Moved to row 107f [171 - 107f]

Article 12(3), first subparagraph, point (b)

172

(b) the areas of competence

of the designated competent

authority or authorities.

(b) the areas of competence

of the designated competent

authority or authorities.

Moved to row 107g [172 - 107g]

Article 12(3), second subparagraph

173

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Member States shall

regularly update the

information set out in points

(a) and (b) of the first sub-

paragraph of this paragraph.

Moved to row 107h [173 - 107h]

Article 12(4)

174

4. The Commission shall

make the list of the

designated competent

4. The Commission shall

make the list of the

designated competent

Moved to row 107i [174 - 107i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

authorities publicly available

on its website and shall

regularly update that list,

based on the updates

received from Member

States.

Article 12(5)

175

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers and

resources to carry out the

investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

5. Member States shall

ensure that the designated

competent authorities

exercise their powers

impartially, transparently

and with due respect for

obligations of professional

secrecy. Member States shall

ensure that their competent

authorities have the

necessary powers, expertise

and resources to carry out

the investigations, including

sufficient budgetary and

other resources and

coordinate closely with the

national labour inspections

and judicial and law

enforcement authorities,

including those responsible

for the fight against

trafficking in human beings.

Moved to row 107j [175 - 107j]

Article 12(6)

176

6. Member States shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

confer on their competent

authorities the power to

impose penalties in

accordance with Article 30.

confer on their competent

authorities the power to

impose penalties in

accordance with Article 30.

Moved to row 107l [176 - 107l]

Article 12

G 176a

Article 12

Forced Labour Single

Portal

Article 12a

Forced Labour Single

Portal

Text Origin: Council

Mandate

Article 12(1)

G 176b

The Commission shall set

up and regularly update a

single website making

available to the public, in

the same place and in all

the official languages of the

Union, the following items:

The Commission shall set

up and regularly update a

single website making

available to the public, in

the same place and in all

the official languages of the

Union, the following items:

Article 12(1), point (a)

G 176c

(a) the list of the designated

competent authorities

referred to in Article 5;

(a) the list and contacts of

the designated competent

authorities;

Article 12(1), point (a)

G 176d

(aa) the guidelines referred

(aa) the guidelines; G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

to in Article 11;

Article 12(1), point (a)

Y 176e

(b) the database referred to

in Article 9;

(b) the database;

(ba) a list of publicly

available information

sources of relevance for the

implementation of this

Regulation, including

sources which make

available disaggregated

data on the impact and

victims of forced labour,

such as [gender-

disaggregated] data or data

about forced child labour,

allowing to identify age-

and gender-specific trends.

Article 12(1), point (a)

G 176f

(c) the single information

submission point referred to

in Article10;

(c) the single information

submission point;

Article 12

G 176g

(d) a non-confidential

summary of any

information referred to in

Article 20(3);

(d) any decision to ban a

product;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 12

G 176h

(e) a non-confidential

summary of any decision

referred to in Article 20(4).

(e) any withdrawal of a

ban;

(e a) the result of reviews;

Article 13

G 177

Article 13

Administrative cooperation

and communication among

competent authorities

Article 13

Administrative cooperation

and communication among

competent authorities

deleted

Article 13(1)

G 178

1. The Commission shall

ensure efficient cooperation

among the competent

authorities of the Member

States through facilitating

and coordinating the

exchange and collection of

information and best

practices with regard to the

application of this

Regulation.

1. The Commission shall

ensure efficient cooperation

and coordination among the

competent authorities of the

Member States through

facilitating and coordinating

the exchange and collection

of information and best

practices with regard to the

application of this

Regulation.

deleted

Moved to row 120j [178 - 120j]

deleted

Article 13(2)

G 179

2. Competent authorities

shall actively participate in

the Network referred to in

Article 24.

2. Competent authorities

shall actively participate in

the Network referred to in

Article 24.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 13

G 179a

Article 26

International Cooperation

Moved reference text

Article 2613

International Cooperation

Moved from row 257 [257 - 179a]

EP Article 26

International Cooperation

Article 2613

International Cooperation

Text Origin: Council

Mandate

Article 13a(1)

G 179b

1. In order to facilitate

effective implementation

and enforcement of this

Regulation, the Commission

may as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives

and business organisations.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved reference text

1. In order to facilitate

effective implementation and

enforcement of this

Regulation, the Commission

mayshall as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives,

trade unions and business

organisations. International

cooperation with authorities

of third countries shall take

place in a structured way as

part of the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

Moved from row 258 [258 - 179b]

1. In order to facilitate

effective implementation and

enforcement of this

Regulation, the Commission

mayshall as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives,

including trade unions,

workers’ rights

organisations, NGOs and

networks of affected

stakeholders, and business

organisations and other

relevant stakeholders,

through new and existing

dialogue structures.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

1. In order to facilitate

effective implementation and

enforcement of this

Regulation, the Commission

mayshall, as appropriate,

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives

and business organisations.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

structures with third

countries or, if necessary,

trade unions, specific ones

that will be created on an ad

hoc basisbusiness

organisations and other

relevant stakeholders.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis,

and shall, where

appropriate, facilitate the

exchange of information on

investigations, including the

reasons and evidence for

decisions taken to ban

products from their

jurisdictions. The

Commission shall have

regular contact and

cooperation in particular

with third countries that

have similar laws in place,

to share information on risk

products or regions as well

as best practices for

bringing forced labour to

an end.

1a. Cooperation with third

countries shall be integrated

with other Union policies

and instruments that

include measures to

eradicate forced labour,

including trade agreements,

the Generalised Scheme of

Preferences, and

development cooperation

projects led by the

Commission.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

1b. The Commission and

Member States shall

develop cooperation and

partnership mechanisms

with third countries to

address the root causes of

forced labour, prevent and

eliminate forced labour

practices, and build the

capacity of upstream

economic actors to respond

to the requirements set out

in this Regulation.

Article 13(1), point (a)

G 179c

(a) International

cooperation with authorities

of third countries shall take

place in a structured way as

part of the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

2. International

cooperation with authorities

of third countries shall take

place in a structured way,

for example in the context

of existing dialogues with

third countries, such as

human rights and political

dialogues, implementation

of trade and sustainable

development commitments

of trade agreements or the

Generalised Scheme of

Preferences, and EU

development cooperation

initiatives or, if necessary,

specific dialogues that will

be created on an ad hoc

basis. This cooperation may

involve exchanges of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information on forced

labour risk areas or

products, of best practices

for bringing forced labour

to an end, and of

information on decisions to

ban products, including

their reasons and evidence,

in particular with countries

that have similar legislation

in place.

Article 13a(1), point (b)

G 179d

(b) The Commission shall

have regular contact and

cooperation in particular

with countries that have

similar legislation in place,

to share information of

forced labour risk areas or

products as well as best

practices for bringing to an

end forced labour.

Article 13a(2)

G 179e

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

23. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the Union developing

accompanying measures to

support the efforts of

companies and partner

countries efforts and locally

available capacities in

tackling forced labour.

Moved reference text

the Union developing

accompanying measures to

support the efforts of

companies to comply with

this regulation and of and

partner countries efforts and

to tackle forced labour, as

well as supporting locally

available capacities in

tackling forced labourfor

that purpose.

Moved from row 259 [259 - 179e]

the Union developing

accompanying measures to

support the efforts of

companies, and in

particular SMEs, civil

society organisations, and

partner countries' efforts and

locally available capacities

in tackling forced labour and

its root causes.

the Union developing

accompanying measures to

support the efforts of

companies and partner2, the

Commission and Member

States may consider the

development of cooperation

initiatives and

accompanying measures to

support the efforts of

economic operators, in

particular SMEs, as well as

civil society organisations,

social partners and third countries efforts and locally

available capacities in

tackling forced labourto

tackle forced labour and its

root causes.

Chapter Iib

G 179f

Chapter III

Products entering or leaving

the Union market

Moved reference text

Chapter III

Products entering or leaving

the Union

marketInvestigations

Moved from row 187 [187 - 179f]

EP Chapter III

Products entering or leaving

the Union market

Chapter III

Products entering or leaving

the Union

marketInvestigations

Text Origin: Council

Mandate

Article 14

G 180

Article 14

Recognition of decisions

Article 14

Recognition of decisions

Article 14

Recognition of decisions

Information on the

Article 14

Recognition of decisions

Risk-based approach

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Original Article 14 (from EP and Commission) moved to line 180r. Below lines are New Article 14 from the Council

likelihood of a violation of

Article 3

Article 14(-1)

G 180a

1. Competent authorities

shall follow a risk-based

approach in assessing the

likelihood that economic

operators violated Article 3.

That assessment shall be

based on all relevant

information available to

them, including the

following information:

Moved reference text

1. The Commission and

competent authorities shall

follow a risk-based approach

in assessing the likelihood

that economic operators

violated Article 3. That

assessment shall be

confidential, based on all

relevant, verifiable, and

credible information

available to them, including,

but not limited to, the

following information:

Council Article 14(1), lines 180a to 180j refer to Article 4(1)

Moved from row 92 [92 - 180a]

1EP1. The Commission

and competent authorities

shall follow a risk-based

approach in assessing the

likelihood that economic

operators violated Article 3.

That assessment shall be

based on all relevant factual

and verifiable information

available to them, including

the following information:

1. Competent authorities

and the Commission shall

follow a risk-based approach

inwhen assessing the

likelihood that economic

operators violatedof

violation of Article 3. That

assessment shall be based on

all relevant information

available to them, including

the following information:,

initiating and conducting

the preliminary phase of the

investigations and

identifying the products and

economic operators

concerned.

Article 14(-1a)

G 180b

(a) information and

decisions encoded in the

information and

communication system

referred to in Article 8(1),

including any past cases of

compliance or non-

2. In their assessment of

the likelihood of a violation

of Article 3, competent

authorities and the

Commission shall use the

following criteria, as

appropriate, in order to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

compliance of an economic

operator with Article 3; This point was previous point (d)

prioritise products

suspected to have been

made with forced labour:

Article 14(-1a), point (a)

R 180c

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

Moved reference text

deleted

This point has become point (d)

Moved from row 93 [93 - 180c]

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10;

(a) submissions made by

natural or legal persons or

any association not having

legal personality pursuant to

Article 10scale and severity

of the suspected forced

labour [,including whether

forced labour imposed by

state authorities could be a

concern];

Article 14(-1a), point (b)

G 180d

(b) the database referred to

in Article 9; This point was previous point (c)

(b) quantity or volume of

products placed or made

available on the Union

market;

Article 14(-1a), point (c)

G 180e

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c);

deleted

This point became point (c)

(b) the risk indicators and

other information pursuant

to Article 23, points (b) and

(c)point (b);

(b)(c) share of the part

suspected to have been

made with forced labour in

the final productthe risk

indicators and other

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 94 [94 - 180e]

information pursuant to

Article 23, points (b) and

(c);

Article 14(-1a), point (d)

R 180f

(c) the risk indicators and

other information pursuant

to Article 11, point (b); This point was previous point (b)

(d) [the availability of

alternative sources of

supply.]

Article 14(-1b)

G 180g

in Article 11;

Moved reference text

deleted

This point became point (b)

Moved from row 95 [95 - 180g]

(c) the database referred to

in Article 11;

(c)3. The database referred

to inassessment of the

likelihood of a violation of Article 11;3 shall be based

on all relevant, factual, and

verifiable information

available to competent

authorities and the

Commission, including, but

not limited to, the following:

Article 14(-1b), point (a)

G 180h

(d) submissions made

pursuant to Article 10; This point was previous point (a)

(a) information and

decisions encoded in the

information and

communication system

referred to in Article 8(1),

including any past cases of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

compliance or non-

compliance of an economic

operator with Article 3;

Article 14(-1b), point (b)

G 180i

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

Moved reference text

deleted

This point became point (a)

Moved from row 96 [96 - 180i]

(d) information and

decisions encoded in the

information and

communication system

referred to in Article 22(1),

including any past cases of

compliance or non-

compliance of an economic

operator with Article 3;

(d)(b) information and

decisions encoded in the

information and

communication systemthe

database referred to in

Article 22(1), including any

past cases of compliance or

non-compliance of an

economic operator with

Article 39;

Article 14(-1b), point (c)

G 180j

(e) information requested by

the competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour.

(e) information

requestedreceived by the

competent authority from

other authorities relevant

authorities, where

necessary, on whether the

economic operators under

assessment are subject to

and carry out due diligence

in relation to forced

labourfor the

implementation of this

regulation, such as national

due diligence, labour,

health or fiscal authorities,

(e)(b) information requested

by the Commission or the

competent authority from

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

(e)(c) information requested

by the competent authority

fromthe risk indicators and

other relevant authorities,

where necessary, on whether

the economic operators

under assessment are subject

to and carry out due

diligence in relation to

forced labour in accordance

with applicable Union

legislation orinformation

pursuant to Article 11, point

(b);

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

on the products and

economic operators under

assessment unless the

sharing of such information

is not in accordance with

applicable Union legislation

or Member States legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.law or national law

in compliance with Union

law substantially impairs

the execution of the

activities of such

authorities; Moved from row 97 [97 - 180j]

forced labour;

(ea) any issues arising from

meaningful consultations

with relevant stakeholders.

(d) submissions made

pursuant to Article 10;

(e) information received

by the competent authority

or the Commission from

other authorities relevant

for the implementation of

this regulation, such as Member States’ due

diligence, labour, health or

fiscal authorities, on the

products and economic

operators under

assessment; legislation

setting out due diligence and

transparency requirements

with respect to forced

labour.

Article 14(-1b), point (c)(i)

G 180k

(ea) consultations with civil

society organisations and

trade unions.

(ea) any issues arising from

meaningful consultations

with relevant stakeholders,

such as civil society

organizations and trade

unions;

Article 14(-1c)

R 180l

2. In their assessment of

the likelihood that economic

operators violated Article 3,

competent authorities may,

4. When initiating a

preliminary investigation

pursuant to Article 15, lead

competent authorities shall,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

at any time, request the

Commission to conduct the

preliminary phase of

investigations pursuant to

Article 15, where the

products concerned are of

Union interest. The

Commission shall proceed

with the preliminary phase

of investigation pursuant to

Article 15 accordingly.

to the extent possible, focus

on the economic operators

and, where relevant,

product suppliers involved

in the steps of the supply

chain as close possible to

where the forced labour

likely occurs, and with the

highest leverage to prevent,

mitigate, bring to an end

[and remediate] the use of

forced labour. Lead

competent authorities shall

also take into account the

size and economic resources

of the economic operators,

in particular whether the

economic operator is an

SME, and the complexity of

the supply chain.

Article 14a

G 180m

3. The determination of the

Union interest shall be

based on all relevant,

verifiable and credible

information available to

competent authorities or to

the Commission for the

purposes of Article 10(3).

Union interest shall be

assumed if one or more of

the following criteria are

met:

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 14b

G 180n

(a) the scale and severity of

suspected forced labour is

significant;

deleted

Article 14c

G 180o

(b) the risks of suspected

forced labour are located

outside the territory of the

Union;

deleted

Article 14d

G 180p

(c) the products suspected

to have been made with

forced labour have a

significant impact on the

internal market.

deleted

Article 14e

G 180q

Products suspected to have

been made with forced

labour are presumed to

have a significant impact on

the internal market where

the products concerned are

present in at least three

Member States.

deleted

Article 14a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

R 180r

EP Article 14

Recognition of decisions

deleted

Article 14(1)

R 181

1. Decisions taken by a

competent authority in one

Member State shall be

recognised and enforced by

competent authorities in the

other Member States in so

far as they relate to products

with the same identification

and from the same supply

chain for which forced

labour has been found.

1. Decisions taken by a

competent authority in one

Member State shall be

recognised and enforced by

competent authorities in the

other Member States in so

far as they relate to products

with the same identification

and from the same supply

chain for which forced

labour has been found.

Decisions taken by the

Commission shall be

enforced by competent

authorities in all Member

States.

deleted

Article 14(2)

R 182

2. A competent authority

that has received, through

the information and

communication system

referred to in Article 22(1), a

request from a competent

authority of another Member

State for information to

verify any evidence provided

by an economic operator

2. A competent authority

that has received, through

the information and

communication system

referred to in Article 22(1), a

request from a competent

authority of another Member

State for information to

verify any evidence provided

by an economic operator,

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall provide that

information within 15

working days from the date

of receipt of the request.

shall provide that

information withinas soon as

possible and at the latest 15

working days from the date

of receipt of the request.

Article 14(3)

R 183

3. Where two or more

competent authorities initiate

investigations concerning

the same products or

economic operators, the lead

authority shall be the one

which first informed the

Commission and the

competent authorities of

other Member States of the

decision to initiate an

investigation in accordance

with Article 9(1), point (b).

3. Where two or more

competent authorities initiate

investigations concerning

the same products or

economic operators, the lead

authority shall be the one

which first informed the

Commission and the

competent authorities of

other Member States of the

decision to initiate an

investigation in accordance

with Article 9(1), point (b).

deleted

Article 14(4)

R 184

4. Before initiating an

investigation in accordance

with Article 5, a competent

authority shall verify in the

information and

communication system

referred to in Article 22(1)

whether there is a lead

authority referred to in

paragraph 3 investigating the

same product and economic

4. Before initiating an

investigation in accordance

with Article 5, a competent

authority shall verify in the

information and

communication system

referred to in Article 22(1)

whether there is a lead

authority referred to in

paragraph 3 investigating the

same product and economic

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operator.

Article 14(5)

R 185

5. Where there is a lead

authority as referred to in

paragraph 3, competent

authorities shall share all the

evidence and information

they may have with that lead

authority to facilitate the

investigation and shall not

start a separate investigation.

5. Where there is a lead

authority as referred to in

paragraph 3, competent

authorities shall share all the

evidence and information

they may have with that lead

authority to facilitate the

investigation and shall not

start a separate investigation.

deleted

Article 14(6)

R 186

6. The lead authority shall

carry out the investigation

and adopt a decision in

accordance with Article 6 on

the basis of the assessment

of all evidence before it.

6. The lead authority shall

carry out the investigation

and adopt a decision in

accordance with Article 6 on

the basis of the assessment

of all evidence before it.

deleted

Article 14(6a)

R 186a

6a. Before initiating a

preliminary investigation in

accordance with Article 4, a

competent authority shall

verify in the information

and communication system

referred to in Article 22(1)

whether there are one or

more authorities assessing

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the same product and the

same economic operator.

Where there is at least one

other competent authority

conducting such

assessment, only the

competent authority which

first informed the

Commission and the

competent authorities of

other Member States of the

decision to open a

preliminary investigation in

accordance with Article

9(1), point (-aa), shall

request the information

referred to in Article 4(3)

from the economic operator

and relevant product

suppliers. That competent

authority shall share all

information collected with

the other competent

authorities assessing the

same products or the same

economic operators.

Article 14(6b)

R 186b

6b. Where competent

authorities are mentioned in

paragraphs 2, 3, 4, 5, 6 and

6a, they shall be deemed to

include the Commission,

when it acts on the basis of

Chapter II of this

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Regulation.

Chapter III

187

Chapter III

Products entering or leaving

the Union market

Chapter III

Products entering or leaving

the Union market

Moved to row 179f [187 - 179f]

Article 15

G 188

Article 15

Controls

Article 15

Controls

Original Article 15 (from EP and Commission) moved to line 188m. Below lines are New Article 15 from the Council

Article 15

ControlsPreliminary phase

of investigations

Article 15

ControlsPreliminary phase

of investigations G

Article 15(1)

G 188a

2. In their assessment of the

likelihood that economic

operators violated Article 3,

competent authorities shall

focus on the economic

operators involved in the

steps of the value chain as

close as possible to where

the risk of forced labour is

likely to occur and take into

account the size and

economic resources of the

economic operators, the

quantity of products

21. In their assessment of

the likelihood that economic

operators violated Article 3,

competent authorities, or

where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2), shall focus on the economic

operators involved in the

steps of the valuesupply

chain as close as possible to

where the risk of forced

2. In their assessment of the

likelihood that economic

operators violated Article 3,

the Commission and

competent authorities shall

focus on the economic

operators and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the risk

of forced labour is likely to

occur and take into account

the size and economic

deleted

Council proposal covered in new Article 14(4) risk based approach and right to be heard is moved to article 17.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

concerned, as well as the

scale of suspected forced

labour.

Moved reference text

labour is likely to occur.

They shall also and take into

account the size and

economic resources of the

economic operators

concerned, as well as the

share of the component in

the final product, the

quantity of products

concerned, as well as that is

made available on the

Union Market, and the scale

of suspected forced labour.

Moved from row 98 [98 - 188a]

resources of the economic

operators, the share of

forced labour component in

the final product, the

quantity of products

concerned, as well as the

scale of suspected forced

labour and whether state-

imposed forced labour

could be a concern.

2a. The right of the

economic operator to be

heard shall be respected at

all stages of the process.

Article 15(1)

R 188b

3. Before initiating an

investigation in accordance

with Article 5(1), the

competent authority shall

request from the economic

operators under assessment

information on actions taken

to identify, prevent, mitigate

or bring to an end risks of

forced labour in their

operations and value chains

with respect to the products

under assessment, including

on the basis of any of the

following:

Moved reference text

32. Before initiating an

investigation in accordance

with Article 5(1)18(1),

competent authorities, or

where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2), the competent authority shall

request from the economic

operators under assessment

information on its current

actions taken to identify,

prevent, mitigate or bring to

an end risks of forced labour

in their operations and

valuesupply chains with

3. Before initiating an

investigation in accordance

with Article 5(1), the

Commission or the

competent authority shall

request from the economic

operators under assessment

and relevant product

suppliers information on

actions taken to identify,

prevent, mitigate or bring to

an end risks of forced labour

and remediate forced labour

cases in their operations and

valuesupply chains with

respect to the products under

assessment, including on the

basis of any of the

31. Before initiating an

investigation in accordance

with Article 5(1), the18(1),

lead competent

authorityauthorities shall

request from the economic

operators under assessment

and, where relevant, other

product suppliers,

information on their

relevant actions taken to

identify, prevent, mitigate

or, bring to an end [or

remediate] risks of forced

labour in their operations

and valuesupply chains with

respect to the products under

assessment, including on the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

respect to the products under

assessment, including on the

basis of any of the

following:

Moved from row 99 [99 - 188b]

following:

basis of any of the

following, unless it would

jeopardise the outcome of

the assessment:

Article 15(-1a), point (a)

G 188c

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

Moved reference text

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respectin

relation to forced labour;

Moved from row 100 [100 - 188c]

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

(a) applicable Union

legislation or Member States

legislation setting out due

diligence and transparency

requirements with respect to

forced labour;

Text Origin: Commission

Proposal

Article 15(-1a), point (b)

G 188d

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

Moved reference text

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a)11;

Moved from row 101 [101 - 188d]

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

(b) the guidelines issued by

the Commission pursuant to

Article 23, point (a);

Article 15(-1a), point (c)

G 188e

or recommendations of the

UN, ILO, OECD or other

relevant international

or recommendations of the

UN, ILO, OECD or other

relevant international

or recommendations of the

UN, ILO, OECD or other

relevant international

or recommendations of the

UN, ILO, OECD or other

relevant international

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

organisations;

Moved reference text

organisations;

Moved from row 102 [102 - 188e]

organisations, as well as of

social partners, in

particular those guidelines

and recommendations

relating to geographic

areas, productions sites and

economic activities in

certain sectors, in specific

areas with systematic and

widespread forced labour

practices;

organisations, in particular

those guidelines and

recommendations relating

to geographic areas,

productions sites and

economic activities in

certain sectors in which

there are systematic and

widespread forced labour

practices;

Article 15(-1a), point (d)

G 188f

(d) any other due diligence

in relation to forced labour.

Moved reference text

(d) any other due diligence

or information in relation to

forced labour in their supply

chain.

Moved from row 103 [103 - 188f]

(d) any other due diligence

in relation to forced labour.

The Commission and

competent authorities may

request information on

those actions from other

relevant stakeholders,

including the persons or

associations having

submitted relevant

information pursuant to

Article 10 and any other

stakeholder working on the

products or regions related

to the assessment, as well as

from diplomatic

representations of the

Union in relevant third

countries.

3a. Notwithstanding

(d) any other meaningful

due diligence or other

information in relation to

forced labour in their supply

chain.

(new subparagraph) Lead

competent authorities may

request information on

those actions from other

relevant stakeholders,

including the persons or

associations having

submitted relevant, factual,

and verifiable information

pursuant to Article 10 and

any other natural or legal

persons related to the

products and geographical

areas under assessment, as

well as from the European

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

paragraph 2a, the

Commission and competent

authorities may refrain

from requesting

information from the

economic operator and

relevant product suppliers if

they have a well-founded

reason to believe, based on

objective information, that

it represents a risk to the

investigation.

External Action Service and

EU Delegations in relevant

third countries.

Article 15(-1a), point (e)

Y 188g

4. Economic operators shall

respond to the request of the

competent authority referred

to in paragraph 3 within 15

working days from the day

they received such request.

Economic operators may

provide to competent

authorities any other

information they may deem

useful for the purposes of

this Article.

Moved reference text

43. Economic operators

shall respond to the request

of the competent authority

referred to in paragraph 32

within 1530 working days

from the day they received

such request. Economic

operators may provide to

competent authorities any

other information they may

deem useful for the purposes

of this Article.

Moved from row 104 [104 - 188g]

4. Economic operators and

relevant product suppliers

shall respond to the request

of the Commission or

competent authority referred

to in paragraph 3 within

1530 working days from the

day they received such

request. Economic operators

may provide to the

Commission or competent

authorities any other

information they may deem

useful for the purposes of

this Article.

42. Economic operators

shall respond to the request

of the competent authority

referred to in paragraph 31

within 1530 working days

from the day they received

such request. Economic

operators may provide to

competent authorities any

other information they may

deem useful for the purposes

of this Article.

[Where necessary,

economic operators may

request support on how to

engage with the lead

competent authority from

the hotline referred to in

Article 11b.] First part of the paragraph has

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

been provisionally agreed. The part in [ ] is not agreed - it is depended on the agreement on the SME article.

Text Origin: Council

Mandate

Article 15(-1a), point (f)

G 188h

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators pursuant

to paragraph 4, the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4.

Moved reference text

5. Within 3060 working

days from the date of

receiptday of the

notification of the

information submitted by

economic operators

pursuant to paragraph 4, the

competent authoritiesrequest

referred to in paragraph 2,

the competent authorities,

or where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2), shall concludeclose the

preliminary phase of their

investigation as to whether

there is a substantiated

concern of violation of

Article 3, on the basis of the

assessment referred to in

paragraph 1 and, if any, the

information submitted by

economic operators pursuant

to paragraph 3, as well as

5. Within 30 working days

from the date of receipt of

the information submitted by

economic operators and

relevant product suppliers

pursuant to paragraph 4, the

Commission or the

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3 on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators and relevant

product suppliers pursuant

to paragraph 4.

5a. Notwithstanding

paragraph 5, the

Commission or competent

authorities may conclude

that there is substantiated

53. Within 30 working days

from the date of receipt of

the information submitted by

economic operators pursuant

to paragraph 4, the2, lead

competent authorities shall

conclude the preliminary

phase of their investigation

as to whether there is a

substantiated concern of

violation of Article 3, on the

basis of the assessment

referred to in paragraph

1Article 14(3) and the

information submitted by

economic operators pursuant

to paragraph 42.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the consultation in paragraph 4.

Moved from row 105 [105 - 188h]

concern on the basis of any

other facts available where

it was not possible to gather

information and evidence

pursuant to paragraph 4, or

where the competent

authorities or the

Commission have refrained

from requesting

information in accordance

with paragraph 3a.

Article 15(-1a), point (g)

G 188i

6. The competent authority

shall duly take into account

where the economic operator

demonstrates that it carries

out due diligence on the

basis of identified forced

labour impact in its supply

chain, adopts and carries out

measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

Moved reference text

6. The competent authority

shall duly take into account

where the economic

operator demonstrates that it

carries out due diligence on

the basis of identified forced

labour impact in its supply

chain, adopts and carries

out measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

Moved from row 106 [106 - 188i]

6. The competent authority

shall duly take into account

where the economic

operator demonstrates that it

carries out due diligence on

the basis of identified forced

labour impact in its supply

chain, adopts and carries

out measures suitable and

effective for bringing to an

end forced labour in a short

period of time.

deleted

Article 15(-1a), point (h)

Y 188j

7. Competent authorities

shall not initiate an

investigation pursuant to

76. Competent authorities

shall not initiate an

investigation pursuant to

7. The Commission or

competent authorities shall

not initiate an investigation

74. Competent authorities

shall not initiate an

investigation pursuant to

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 5, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3, for instance due to,

but not limited to, the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Moved reference text

Article 5, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3Where the

competent authority, or

where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2),

considers that there is no

substantiated concern of

violation of Article 3, or

that the reasons that

motivated the existence of

the substantiated concern

have been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 32

being applied in a way that

mitigates, prevents and

brings to an end the risk of

pursuant to Article 5, and

shall inform the economic

operators under assessment

accordingly, where, on the

basis of the assessment

referred to in paragraph 1

and the information

submitted by economic

operators pursuant to

paragraph 4, the

Commission or the

competent authorities

consider that there is no

substantiated concern of a

violation of Article 3, or that

the reasons that motivated

the existence of a

substantiated concern have

been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to in paragraph 3

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Article 5, and shall inform

the economic operators

under assessment

accordingly,

where,Notwithstanding

paragraph 3, lead

competent authorities may

conclude that there is

substantiated concern on

the basis of the assessment

referred to in paragraph 1

and the information

submitted by all evidence

and information gathered,

where the economic

operators pursuant to

paragraph 4, the competent

authorities consider that

there is no substantiated

concern of a violation of

Article 3, for instance due to,

but not limited to, the

applicable legislation,

guidelines,

recommendations or any

other due diligence in

relation to forced labour

referred to infails to provide

the information requested

within the time limit

prescribed without a valid

justification, or where lead

competent authorities have

refrained from requesting

information in accordance

with paragraph 3 being

applied in a way that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

forced labour, it shall not

initiate an investigation in

accordance with Article

18(1) and inform the

economic operators under

assessment accordingly.

Moved from row 107 [107 - 188j]

mitigates, prevents and

brings to an end the risk of

forced labour1.

Paragraph to be aligned with the final outcome of the non- cooperation principle

Article 15(-1a), point (i)

G 188k

4. If the competent

authority, or where

applicable the Commission

acting pursuant to Article

10(3) or acting upon a

request pursuant to Article

14(2), determines that

further information is

needed to carry out its

assessment, the competent

authority, or where

applicable the Commission

acting pursuant to Article

10(3) or acting upon a

request pursuant to Article

14(2), shall invite the

economic operator under

assessment for

consultations. These

consultations shall take

place within 60 working

days from the day the

request referred to in

paragraph 2 is notified to

5. Lead competent

authorities shall not initiate

an investigation pursuant to

Article 18, and shall inform

the economic operators

under assessment

accordingly, where, on the

basis of the assessment

referred to in Article 14(3)

and, if any, of the

information submitted by

economic operators

pursuant to paragraph 2,

they consider that there is

no substantiated concern of

a violation of Article 3, or

that the reasons that

motivated the existence of a

substantiated concern have

been eliminated, for

instance due to, but not

limited to, the applicable

legislation, guidelines,

recommendations or any

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the economic operators

under assessment. this paragraph should come after paragraph 3 (188g)

other due diligence in

relation to forced labour

referred to in paragraph 1

being applied in a way that

mitigates, prevents and

brings to an end the risk of

forced labour.

Article 15(-1a), point (j)

G 188l

7. The competent authority,

or where applicable the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2),

shall communicate through

the information and

communication system

referred to in Article 8(1)

the outcome of its

assessment pursuant to

paragraph 5 Article 8(1).

6. Lead competent

authorities shall

communicate through the

information and

communication system

referred to in Article 8(1)

the outcome of their

assessment pursuant to

paragraph 5.

Article 15(-1)

188m

EP Article 15

Controls

Article 15(1)

189

1. Products entering or

leaving the Union market

shall be subject to the

1. Products entering or

leaving the Union market

shall be subject to the

Moved to row 253a [189 - 253a]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

controls and measures laid

down in this Chapter.

controls and measures laid

down in this Chapter.

Article 15(2)

190

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

Moved to row 253g [190 - 253g]

Article 15(3)

191

3. The competent authority

shall without delay, where

no request for a review has

been introduced within the

time limits referred in

Article 8(1) or the decision

is definitive in case of a

request for a review as

referred to in Article 8(3),

communicate to the customs

authorities of Member

States:

3. The Commission or the

competent authority shall

without delay, where no

request for a review has been

introduced within the time

limits referred in Article 8(1)

or the decision is definitive

in case of a request for a

review as referred to in

Article 8(3), communicate to

the customs authorities of

Member States:

Moved to row 253c [191 - 253c]

Article 15(3), point (a)

192

(a) any decision to prohibit

the placing or making

(a) any decision to prohibit

the placing or making

Moved to row 253e [192 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

253e]

Article 15(3), point (b)

193

(b) any decision following

the review referred to in

Article 8(3).

(b) any decision following

the review referred to in

Article 8(3).

Moved to row 253f [193 - 253f]

Article 15(4)

194

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013.

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013. The Commission

and Member States shall

ensure that the customs

authorities have sufficient

resources to carry out these

Moved to row 253d [194 - 253d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

controls.

Article 15(5)

195

5. The competent authority

shall without delay

communicate to the customs

authorities of Member States

a withdrawal of the decision

referred to in Article 6(6).

5. The Commission or the

competent authority shall

without delay communicate

to the customs authorities of

Member States a withdrawal

of the decision referred to in

Article 6(6).

Moved to row 253b [195 - 253b]

Article 15a

G 195a

Article 16

Designation of the lead

competent authority

deleted

Article 15a(1)

G 195b

1. Competent authorities

that, pursuant to Article 4(5),

determine that there is a

substantiated concern of a

violation of Article 3, shall

decide to initiate an

investigation on the products

and economic operators

concerned.

Moved reference text

13. Where competent

authorities that, pursuant to

Article 4(5)15(5), determine

that there is a substantiated

concern of a violation of

Article 3, they shall decide

to initiatecommunicate

through the information

and communication system

referred to in Article 8(1)

their intention of initiating an investigation on the

products and economic

operators concerned.

1. The Commission or

competent authorities that,

pursuant to Article 4(5) or to

the information contained

in the delegated act referred

to in Article 11a, determine

that there is a substantiated

concern of a violation of

Article 3, shall decide to

initiate an investigation on

the products and economic

operators concerned.

Paragraph from Article 5(1) of

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 109 [109 - 195c]

original proposal

Article 15a(2)

G 195c

2. Where the Commission

acting pursuant to Article

10(3) or acting upon a

request pursuant to Article

14(2), determines that there

is a substantiated concern

of a violation of Article 3,

pursuant to Article 15(5), or

where the Commission acts

upon a request pursuant to

Article 16(4)(b), it shall lead

the investigation in

accordance with Article

18(1) (‘lead competent

authority’).

deleted

Article 15a(3)

G 195d

4. Other competent

authorities may, within 10

working days from the date

of the communication of the

intention of initiating an

investigation, object to such

intention through the

information and

communication system

referred to in Article 8(1),

only in one of the following

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

situations:

Article 15a(3), point (a)

G 195e

(a) they have reasonable

grounds to believe that they

are better placed to lead the

investigation;

deleted

Article 15a(3), point (b)

G 195f

(b) they demonstrate that

the products concerned are

of Union interest, and

request the Commission to

act as lead competent

authority.

deleted

Article 15a(4)

G 195g

5. Where competent

authorities do not agree on

the designation of the lead

competent authority

pursuant to paragraph 4,

they may consult the

Network for an opinion on

the designation.

deleted

Article 15a(5)

G 195h

6. Where no objection is

raised on the designation of

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the lead competent

authority pursuant to

paragraph 4, the competent

authority that

communicated its intention

of initiating the

investigation pursuant to

paragraph 3 shall act as

lead competent authority.

Article 16

196

Article 16

Information to be made

available to customs

authorities

Article 16

Information to be made

available to customs

authorities

Moved to row 256a [196 - 256a]

Article 16(1)

197

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

and communication system

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

and communication system

Moved to row 256b [197 - 256b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in Article 22(1).

Article 16(2)

198

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved to row 256c [198 - 256c]

Article 16(3)

199

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

Moved to row 256d [199 - 256d]

Article 16(4)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

200

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

Moved to row 256e [200 - 256e]

Article 16(5)

201

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

Moved to row 256f [201 - 256f]

Article 17

G 201a

Article 17

Coordination of

investigations and mutual

assistance

Article 17

Coordination of

investigations and mutual

assistance

Text Origin: Council

Mandate

Article 16a(1)

G 201b

1. The Commission and

1. The Commission and G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

competent authorities shall

cooperate closely between

them and provide each

other with mutual

assistance in order to

implement this Regulation

in a consistent and efficient

manner.

competent authorities shall

cooperate closely between

them and provide each

other with mutual

assistance in order to

implement this Regulation

in a consistent and efficient

manner.

1aa. The right of the

economic operator to be

heard shall be respected at

all stages of the process.

1a. Lead competent

authorities shall, at any

time and without undue

delay, communicate via the

information and

communication system

referred to in Article 8(1) if

they find new information

about suspected forced

labour taking place.

Text Origin: Council

Mandate

Article 16a(2)

G 201c

2. The lead competent

authority may, where

appropriate, request the

support of other relevant

competent authorities.

Other competent

authorities, that have an

interest in the investigation,

2. The lead competent

authority may, where

appropriate, request the

support of other relevant

competent authorities,

including to ensure an

economic operator has the

possibility to use the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

may request to be closely

involved in the

investigation.

language of their place of

establishment within the

Union. Other competent

authorities that have an

interest in the investigation

may request to be closely

involved in the

investigation.

Text Origin: Council

Mandate

Article 16a(3)

G 201d

3. A competent authority

that has received, through

the information and

communication system

referred to in Article 8(1), a

request from a competent

authority of another

Member State for

information or to verify any

evidence provided by an

economic operator shall

provide an answer within 30

working days from the date

of receipt of the request.

5a. A competent authority

that has received, through

the information and

communication system

referred to in Article 22(1),

a request from a competent

authority of another

Member State for

information to verify any

evidence provided by an

economic operator, shall

provide that information as

soon as possible and at the

latest 15 working days from

the date of receipt of the

request. From EP mandate line 182

3. A competent authority

that has received, through

the information and

communication system

referred to in Article 8(1), a

request for information

from another competent

authority shall provide an

answer within 20 working

days from the date of receipt

of the request.

Article 16a(4)

G 201e G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

4. The requested authority

may ask the requesting

authority to complement the

information contained in

the request if it concludes

that the information

provided initially not

sufficient.

4. The requested competent

authority may ask the

requesting competent

authority to complement the

information contained in

the request if it concludes

that the information

provided initially is not

sufficient.

Article 16a(5)

G 201f

5. A requested competent

authority may refuse to

comply with a request only

in one of the following

situations:

5. A requested competent

authority may refuse to

comply with a request only

if the requested authority

demonstrates that

complying with the request

would substantially impair

the execution of its own

activities.

Article 16a(5), point (a)

G 201g

(a) the requested

information cannot be

gathered on the territory of

the Member State of the

requested competent

authority;

deleted

Article 16a(5), point (b)

G 201h

(b) the requested authority

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

demonstrates reasonable

grounds showing that

complying with the request

would substantially impair

the execution of its own

activities.

deleted

Article 16a(6)

G 201i

6. Before initiating an

investigation in accordance

with Article 18, a competent

authority shall verify in the

information and

communication system

referred to in Article 8(1)

whether there is a lead

competent authority

investigating the product

with the same identification

and from the same supply

chain or same economic

operator. Where there is a

lead competent authority,

other competent authorities

shall share all the relevant

evidence and information

they may have with that

lead competent authority to

facilitate the investigation,

in compliance with Union

law or national law in

compliance with Union law,

and shall not start a

separate investigation.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 17

202

Article 17

Suspension

Article 17

Suspension

Moved to row 256g [202 - 256g]

Article 17, first paragraph

203

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities or the

Commission of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Moved to row 256h [203 - 256h]

Article 17a

G 203a

Article 18

Investigations

EP Article 5

Investigations

Article 18

Investigations

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Text Origin: Council

Mandate

Article 17a, first paragraph

G 203b

2. Competent authorities

that initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 3

working days from the date

of the decision to initiate

such investigation about the

following:

Moved reference text

21. Lead competent

authorities that initiate an

investigation pursuant to

paragraph 1 shallshall

communicate it through the

information and

communication system

referred to in Article 8(1)

and inform the economic

operators subject to the

investigation, within 35

working days from the date

of the decision to initiate

such investigation, unless it

would jeopardise the

outcome of the

investigation, about the

following:

Moved from row 110 [110 - 203b]

21. 2. The Commission or

competent authorities that

initiate an investigation

pursuant to paragraph 1 shall

inform the economic

operators subject to the

investigation, within 32

working days from the date

of the decision to initiate

such investigation about the

following:

21. Lead competent

authorities that, pursuant to

Article 15(4) determine that

there is a substantiated

concern of a violation of

Article 3, shall initiate an

investigation pursuant to

paragraph 1 shallon the

products and economic

operators concerned and inform the economic

operators subject to the

investigation, within 3

working days from the date

of the decision to initiate

such investigation, about the

following:

Article 17a, first paragraph, point (a)

G 203c

(a) the initiation of the

investigation and the

possible consequences

thereof;

Moved reference text

(a) the initiation of the

investigation and the

possible consequences

thereof;

Moved from row 111 [111 -

(a) the initiation of the

investigation and the

possible consequences

thereof;

(a) the initiation of the

investigation and the

possible consequences

thereof;

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

203c]

Article 17a, first paragraph, point (b)

G 203d

(b) the products subject to

the investigation;

Moved reference text

(b) the products subject to

the investigation;

Moved from row 112 [112 - 203d]

(b) the products subject to

the investigation;

(b) the products subject to

the investigation;

Text Origin: Commission

Proposal

Article 17a, first paragraph, point (c)

G 203e

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

Moved reference text

initiation of the

investigation, unless it would

jeopardise the outcome of

the investigation;

Moved from row 113 [113 - 203e]

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

initiation of the

investigation, unless it

would jeopardise the

outcome of the investigation;

Article 17a, first paragraph, point (d)

Y 203f

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority, and the

date by which such

information has to be

submitted.

Moved reference text

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority, and the

date by which such

information has to be

submitted.

Moved from row 114 [114 - 203f]

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority or the

Commission, and the date by

which such information has

to be submitted;

(da) the requirement for the

economic operator to

(d) the possibility for the

economic operators to

submit any other document

or information to the

competent authority or the

Commission, and the date by

which such information has

to be submitted;

1a. [place holder for

information obligation –

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

demonstrate that Article 3

has not been violated with

regard to the products

coming from the geographic

areas and the economic

sectors listed in the

delegated act adopted

pursuant to Article 11a.

mirror art 15]

Text Origin: Auxiliary

Article 17a, first paragraph, point (e)

Y 203g

3. Where requested to do so

by competent authorities,

economic operators under

investigation shall submit to

those competent authorities

any information that is

relevant and necessary for

the investigation, including

information identifying the

products under investigation,

the manufacturer or producer

of those products and the

product suppliers. In

requesting such information,

competent authorities shall

to the extent possible:

Moved reference text

32. Where requested to do

so by competent authorities,

economic operators under

investigation shall submit to

those competent

authoritieshave at least 30

working days to submit any

information that is relevant

and necessary for the

investigation, including. It

shall include information

identifying the products

under investigation, the

manufacturer or producer of

those products and the

product suppliers. In

requesting such information,

competent authorities shall

to the extent possible:

Moved from row 115 [115 - 203g]

3. Where requested to do so

by the Commission or

competent authorities,

economic operators under

investigation and relevant

product suppliers shall

submit to the Commission

or those competent

authorities any information

that is relevant and necessary

for the investigation,

including information

identifying the products

under investigation, the

manufacturer or producer of

those products and the

product suppliers. In

requesting such information,

the Commission or competent authorities shall

to the extent possible:

32. Where requested to do

so by lead competent

authorities, economic

operators under investigation

shall submit to those

competent authorities any

information that is relevant

and necessary for the

investigation, including

information identifying the

products under investigation

and, where appropriate,

identifying the part of the

product to which the

investigation should be

limited, the manufacturer or

producer of those parts of

products or products and the

product suppliers or

suppliers of the parts of the

product. In requesting such

information, lead competent

authorities shall, to the

extent possible:, prioritise

the economic operators

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

under investigation involved

in the steps of the supply

chain as close as possible to

where the forced labour

likely occurs, and take into

account the size and

economic resources of the

economic operators, in

particular whether the

operator is an SME, the

quantity of products

concerned, the complexity

of the supply chain, as well

as the scale of suspected

forced labour [Where

necessary, economic

operators may request

support on how to engage

with the lead competent

authority from the hotline

referred to in Article 11b.]

Article 17a, second paragraph

Y 203h

5. Competent authorities

may decide, where needed,

to conduct field inspections,

in accordance with Article

19.

3. Lead competent

authorities shall set a

deadline for economic

operators for submitting the

information referred to in

paragraph 2 of at least 30

working days and no longer

than 60 working days.

Nevertheless, economic

operators may request an

extension of that deadline

with a justification. When

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

deciding on such extension,

lead competent authorities

shall consider the size and

economic resources of the

economic operators

concerned, including

whether the economic

operator is an SME.

Article 17a, third paragraph

G 203i

6. Once the lead competent

authority has finalised its

investigation, it shall

communicate its complete

findings, including all

information and evidence

gathered pursuant to Article

15, 18 and 19, and a

proposition as to the

conclusion to be drawn

through the information

and communication system

referred to in Article 8(1).

4. Lead competent

authorities may collect

information from or

interview any relevant

natural or legal person who

consents to be interviewed

for the purpose of collecting

information relating to the

subject matter of the

investigation, including

relevant economic operators

and any other stakeholders.

Article 17a, fourth paragraph

G 203j

5. In requesting such

information, and defining

the time limit to submit it,

competent authorities shall

to the extent possible:

5. Lead competent

authorities may, where

needed, carry out all

necessary checks and

inspections in accordance

with Article 19. Add accompanying recital: the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

right to be heard of the economic operator shall be respected in the investigation process.

Article 17a, third paragraph, point (a)

G 203k

(a) prioritise the economic

operators under investigation

involved in the steps of the

value chain as close as

possible to where the likely

risk of forced labour occurs

and

Moved reference text

(a) prioritise the economic

operators under investigation

involved in the steps of the

valuesupply chain as close

as possible to where the

likely risk of forced labour

occurs and

Moved from row 116 [116 - 203i]

(a) after identifying the

individual responsibilities,

along the supply chain, of

different product suppliers

down to the level where

forced labour is taking

place, prioritise the

economic operators under

investigation and relevant

product suppliers involved

in the steps of the

valuesupply chain as close

as possible to where the

forced labour likely

riskoccurs and with the

highest leverage to prevent,

mitigate, bring to an end

and remediate the use of

forced labour occurs, and

deleted

Article 17a, third paragraph, point (b)

G 203l

(b) take into account the

size and economic resources

of the economic operators,

the quantity of products

concerned, as well as the

scale of suspected forced

(b) take into account the

size and economic resources

of the economic operators,

the quantity of products

concerned put on the

market, as well as the scale

(b) take into account the

size and economic resources

of the economic operators,

in particular whether the

operator is an SME, the

quantity of products

deleted

Text Origin: Auxiliary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

labour.

Moved reference text

of suspected forced labour.

Moved from row 117 [117 - 203j]

concerned, the complexity of

the supply chain, as well as

the scale of suspected forced

labour.

Article 17a, third paragraph, point (c)

G 203m

4. Economic operators shall

submit the information

within 15 working days from

the request referred to in

paragraph 3 or make a

justified request for an

extension of that time limit.

Moved reference text

46. Economic operators

shall submit the information

within 15 working days from

themay request referred to in

paragraph 3 or make a

justified request for an

extension of that time limita

justified extension of that

time limit, which shall not

exceed 15 working days.

Moved from row 118 [118 - 203k]

42. Economic operators and

relevant product suppliers

shall submit the information

within 1530 working days

from the request referred to

in paragraph 3 or make a

justified request for an

extension of that time limit.

deleted

Article 17a, third paragraph, point (d)

G 203n

5. When deciding on the

time limits referred to in this

Article, competent

authorities shall consider the

size and economic resources

of the economic operators

concerned.

Moved reference text

57. When deciding on the

time limits referred to in this

Article, competent

authorities shall consider the

size and economic resources

of the economic operators

concerned.

Moved from row 119 [119 - 203l]

5. When deciding on the

time limits referred to in this

Article, the Commission

and competent authorities

shall consider the size and

economic resources of the

economic operators

concerned, including

whether the economic

operator is an SME.

deleted

Article 17a, third paragraph, point (e)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 203o

6. Competent authorities

may carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Moved reference text

6. Competent authorities

may carry out all necessary

checks and inspections

including investigations in

third countries, provided

that the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Moved from row 120 [120 - 203n]

6. The Commission and

competent authorities may

carry out all necessary

checks and inspections

including investigations in

third countries, provided that

the economic operators

concerned give their consent

and that the government of

the Member State or third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

deleted

Article 18

204

Article 18

Release for free circulation

or export

Article 18

Release for free circulation

or export

Moved to row 266a [204 - 266a]

Article 18(1)

205

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

Moved to row 266b [205 - 266b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Article 18(1), point (a)

206

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

(a) within 4 working days of

the suspension, if the

Commission or the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Moved to row 266c [206 - 266c]

Article 18(1), point (b)

207

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

pursuant to this Regulation.

(b) the Commission or the

competent authorities

informed the customs

authorities of their approval

for release for free

circulation or export

pursuant to this Regulation.

Moved to row 266d [207 - 266d]

Article 18(2)

208

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

Moved to row 266e [208 - 266e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and, in particular, with this

Regulation.

and, in particular, with this

Regulation.

Article 18a

G 208a

Article 19

Field inspections

Article 19

Field inspections

Text Origin: Council

Mandate

Article 18a(1)

G 208b

1. In exceptional situations

where the lead competent

authority may deem it

necessary to conduct field

inspections, it shall

undertake this with

consideration to where the

risk of forced labour is

located.

1. In exceptional situations

where the lead competent

authority may deem it

necessary to conduct field

inspections, it shall

undertake this with

consideration to where the

risk of forced labour is

located.

Article 18a(2)

G 208c

2. In cases where the risk

of forced labour is located

in the territory of a Member

State of which the

competent authority is the

lead competent authority, it

may conduct its own

inspections. If needed, the

lead competent authority

2. Where the risk of forced

labour is located in the

territory of the Member

State, the lead competent

authority may conduct its

own inspections, in

accordance with national

law in compliance with

Union law. If needed, the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

may ask the cooperation of

other national authorities

relevant for the

implementation of this

regulation, such as labour,

health or fiscal authorities.

lead competent authority

may ask the cooperation of

other national authorities

relevant for the

implementation of this

regulation, such as labour,

health or fiscal authorities.

Article 18a(3)

R 208d

3. In cases where the risk

of forced labour is located

in the territory of a Member

State of which the

competent authority is not

the lead competent

authority, the lead

competent authority may

request that competent

authority to conduct an

inspection or to provide

information or verify

evidence provided by

economic operators in

accordance with Article

17(3) and (4).

3. Where the risk of forced

labour is located outside the

territory of the Union, the

Commission acting as lead

competent authority may

carry out all necessary

checks and inspections

provided that the economic

operators concerned give

their consent and that the

government of the third

country in which the

inspections are to take place

has been officially notified

and raises no objection.

Assistance from the

European External Action

Service may be requested,

as appropriate, to facilitate

such contacts. latest EP proposal

Article 18a(4)

G 208e G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

4. In cases where the risk

of forced labour is located

outside the territory of the

Union and the Commission

is not acting pursuant to

Article 10(3) or upon a

request pursuant to Article

14(2) or pursuant to Article

16(4)(b), the lead competent

authority may ask the

Commission to request the

government of the third

country where the risk of

forced labour is located to

conduct an inspection, to

provide relevant

information or verify

evidence provided by

economic operators.

deleted

Article 18a(5)

G 208f

4a. In cases where the risk

of forced labour is located

outside the territory of the

Union and the Commission

is acting pursuant to Article

10(3) or upon a request

pursuant to Article 14(2) or

pursuant to Article 16(4)(b),

it may request the

government of the third

country where the risk of

forced labour is located to

conduct an inspection, to

provide relevant

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information or verify

evidence provided by

economic operators.

Article 18a(6)

G 208g

4b. The Commission may

request assistance from the

European External Action

Service, as appropriate, to

facilitate such contacts.

deleted

Article 18a(7)

G 208h

5. The findings of the

inspections carried out

pursuant to paragraphs 3 ,

4 and 4a shall be

communicated through the

information and

communication system

referred to in Article 8(1).

deleted

Article 19

209

Article 19

Refusal to release for free

circulation or export

Article 19

Refusal to release for free

circulation or export

Moved to row 269a [209 - 269a]

Article 19(1)

210

1. Where the competent

authorities conclude that a

1. Where the Commission

or the competent authorities

Moved to row 269b [210 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

product that has been

notified to them in

accordance with Article 17

is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

conclude that a product that

has been notified to them in

accordance with Article 17

is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

269b]

Article 19(2), first subparagraph

211

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

Moved to row 269c [211 - 269c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 19(2), second subparagraph

212

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this

Regulation].

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this

Regulation].

Moved to row 269d [212 - 269d]

Chapter IIIa

G 212a

Chapter IV

Information systems,

guidelines and coordinated

enforcement

Moved reference text

Chapter IV

Information systems,

guidelines and coordinated

enforcementDecisions

Moved from row 220 [220 - 212a]

Chapter IV

Information systems,

guidelines and coordinated

enforcementDecisions

Text Origin: Council

Mandate

Article 19a

G 212b

Article 6

Decisions of competent

authorities

Moved reference text

Article 620

Decisions of competent

authoritiesthe Commission

Moved from row 121 [121 - 212b]

EP Article 6

Decisions of competent

authorities and the

Commission

Article 620

Decisions of competent

authorities

Text Origin: Council

Mandate

Article 19a(1)

R 212c

1. Competent authorities

shall assess all information

and evidence gathered

1. Once competent

authorities shall assess all

information and evidence

1. The Commission or

competent authorities shall

assess all information and

1. Lead competent

authorities shall assess all

information and evidence

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to Articles 4 and 5

and, on that basis, establish

whether Article 3 has been

violated, within a reasonable

period of time from the date

they initiated the

investigation pursuant to

Article 5(1).

Moved reference text

gatheredacting as lead

competent authority have

finalised their investigations pursuant to Articles 4 and 5

and,Article 18(6), the

Commission shall establish on that basis, establish

whether Article 3 has been

violated whether the

products concerned have

been placed or made

available on the market or

are being exported in

violation of Article 3, within

a reasonable period of time

from the date they initiated

the investigation

pursuantreceived the

information from the

competent authorities

according to Article

5(1)18(6).

Paragraph 1a is reflected in line 212f (below)

Moved from row 122 [122 - 212c]

evidence gathered pursuant

to Articles 4 and 5 and, on

that basis, establish whether

Article 3 has been violated,

within a reasonable period

of time90 working days from

the date they initiated the

investigation pursuant to

Article 5(1), unless a duly

justified request for the

extension of the deadline in

Article 5(4) was accepted.

gathered pursuant to Articles

4 and 5Chapter III, and, on

that basis, establish whether

Article 3 has been violated,

the products concerned

have been placed or made

available on the market or

are being exported in

violation of Article 3,

[within 90 working

days/within a reasonable

period of timetime period]

from the date they initiated

the investigation pursuant to

Article 5(1)18(1).

Article 19a(2)

R 212d

2. Notwithstanding

paragraph 1, competent

authorities may establish that

Article 3 has been violated

on the basis of any other

2. Notwithstanding

paragraph 1, competent

authoritiesparagraphs 1 and

1a, where it was not

possible to gather

2. Notwithstanding

paragraph 1, the

Commission or competent

authorities may establish that

Article 3 has been violated

2. Notwithstanding

paragraph 1, the lead

competent authorities may

establish that Article 3 has

been violated on the basis of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

facts available where it was

not possible to gather

information and evidence

pursuant to Article 5(3) or

(6).

Moved reference text

information and evidence

pursuant to Article 15, 18(2)

or 19, the Commission may

establish that Article 3 has

been violatedthe products

concerned have been placed

or made available on the

basis of any other facts

available where it was not

possible to gather

information and evidence

pursuant to Article 5(3) or

(6)market or are being

exported in violation of

Article 3 on the basis of any

other relevant and verifiable

information.

Moved from row 123 [123 - 212d]

on the basis of any other

facts available where it was

not possible to gather

information and evidence

pursuant to Article 4(3) and

Article 5(3) or (6).

2a. Notwithstanding

paragraph 1, economic

operators shall demonstrate

that Article 3 has not been

violated in cases concerning

products coming from the

geographic area and the

economic sector listed in the

delegated act adopted

pursuant to Article 11a.

any other facts available

where it was not possible to

gather information and

evidence pursuant to

Chapter III, notably where:

a) an economic

operator refuses to provide

the information in response

to a request for information

within the time limit

prescribed by the lead

competent authority;

b) an economic

operator provides

incomplete, incorrect or

misleading information in

response to a request for

information;

c) an economic

operator otherwise impedes

the investigation;

d) an economic

operator refuses to submit

to the lead competent

authority’s inspection

within or outside the Union

ordered under Article 5(3)

or (6)[inspection within EU]

or Article [inspections

outside of the EU]; or

e) the third country in

which the inspections are to

take place raises objections

to an inspection ordered

under Article [inspections

outside of the EU].

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Chapeau of the paragraph is agreed, but not the following points.

Article 19a(3)

G 212e

3. Where competent

authorities cannot establish

that Article 3 has been

violated, they shall take a

decision to close the

investigation and inform the

economic operator thereof.

Moved reference text

3. Where competent

authoritiesthe Commission

cannot establish that the

products concerned have

been placed or made

available on the market or

are being exported in

violation of Article 3 has

been violated, they shall take

a decision to closeit shall

inform the economic

operators that have been

subject to the investigation

and the relevant competent

authorities. The

Commission shall inform all

competent authorities

through the information

and communication system

referred to in Article 8(1) .

Such information shall not

preclude competent

authorities to launch a new

investigation into the same

product and the economic

operator thereofin case new

relevant information arises.

Moved from row 124 [124 - 212e]

3. Where the Commission

or competent authorities

cannot establish that Article

3 has been violated, they

shall take a decision to close

the investigation and inform

the economic operator

thereof. The decision to

close the investigation shall

be without prejudice to the

adoption of a new decision

to open an investigation

under Article 5(1), in the

event that the Commission

or the competent authority

receive new information

pursuant to Article 4. Such

closed investigations shall

not appear in the database.

3. Where lead competent

authorities cannot establish

that the products concerned

have been placed or made

available on the market or

are being exported in

violation of Article 3, they

shall close the investigation

and inform the economic

operators that have been

subject to the investigation. has been violated, They shall

take a decision to close the

also inform all other

competent authorities

through the information

and communication system

referred to in Article 8(1).

Such(*) information shall

not preclude the launch of a

new investigation and

inform theinto the same

product and economic

operator thereofin case new

relevant information arises.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 19a(4)

G 212f

1a. Notwithstanding

paragraph 1, once the

Commission acting

pursuant to Article 10(3) or

acting upon a request

pursuant to Article 14(2) or

pursuant to Article 16(4)(b)

has finalised its

investigation, it shall

establish on that basis

whether the products

concerned have been placed

or made available on the

market or are being

exported in violation of

Article 3, within a

reasonable period of time

from the date it received the

request pursuant to Article

14(2) or pursuant to Article

16(4)(b). This line should come after line 212c.

deleted

Article 19a(5)

G 212g

3a. Before adopting the

decision referred to in

paragraph 4, the

Commission shall

communicate its

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

preliminary findings to the

economic operators

concerned by the decision

and relevant competent

authorities. The concerned

economic operators may

submit their observations to

the Commission on their

preliminary finding, within

a time limit set by the

Commission, which shall

not be less than 30 working

days or, in case of

perishable goods, animals

and plants, not less than 5

working days. The

Commission may request

the support of the relevant

competent authorities. The

Commission shall base its

decisions referred to in

paragraph 4 only on

preliminary findings on

which economic operators

have been able to comment.

Article 19a(6)

R 212h

4. Where competent

authorities establish that

Article 3 has been violated,

they shall without delay

adopt a decision containing:

Moved reference text

4. Where competent

authorities establish that

Article 3 has been violated,

theythe Commission

establishes that the products

concerned have been placed

or made available on the

market or are being

4. Where the Commission

or competent authorities

establish that Article 3 has

been violated, they shall

without delay adopt a

decision containing:

4. Where lead competent

authorities establish that

Article 3 has been

violatedthe products

concerned have been placed

or made available on the

market or are being

exported in violation of

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

exported in violation of

Article 3, it shall without

delay adopt an

implementing act in the

form of a decision

containing:

Moved from row 125 [125 - 212h]

Article 3, they shall without

delay adopt a decision

containing: [any of the

following]:

Article 19a(7)

G 212i

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

Moved reference text

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

Moved from row 126 [126 - 212i]

(a) a prohibition to place or

make the products or

product components

concerned available on the

Union market and to export

them;

(a) a prohibition to place or

make the products concerned

available on the Union

market and to export them;

Article 19a(8)

G 212j

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products that have

already been placed or made

available on the market;

Moved reference text

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant productsproducts

concerned that have already

been placed or made

available on the market

and/or to remove content

from an online interface

referring to the products or

listings of the products

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant products or product

components that have

already been placed or made

available on the market;

(b) an order for the

economic operators that

have been subject to the

investigation to withdraw

from the Union market the

relevant productsproducts

concerned that have already

been placed or made

available on the market or to

remove content from an

online interface referring to

the products or listings of

the products concerned;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

concerned;

Moved from row 127 [127 - 212j]

Article 19a(9)

G 212k

economic operators that

have been subject to the

investigation to dispose of

the respective products in

accordance with national law

consistent with Union law.

Moved reference text

economic operators that

have been subject to the

investigation to dispose of

the respective products

concerned in accordance

with national law consistent

with Union lawArticle 24.

Moved from row 128 [128 - 212k]

economic operators that

have been subject to the

investigation to

i) if the products are

perishable, donate the

products concerned to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycle the

products concerned;

iii) where points (i) and

(ii) are not possible, dispose

of the respective products in

accordance with national law

consistent with Union law.

economic operators that

have been subject to the

investigation to dispose of

the respective

productsproducts concerned

in accordance with national

law consistent with Union

lawArticle 24 or, if the parts

of the product, which are

found to be in violation of

Article 3, are replaceable,

an order to dispose of the

respective parts of products.

Article 19a(10)

G 212l

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the competent authorities

shall ensure all of the

following:

deleted

Moved from row 129 [129 - 212l]

5. Where an economic

operator has failed to

comply with the decision

referred to in paragraph 4,

the Commission or the

competent authorities shall

ensure all of the following:

5. Where an economic

operator has failed to

comply with the

decisionrelevant, the

prohibition referred to in

subparagraph (a) and the

order referred to in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

paragraph 4, the competent

authorities shall ensure all

of the

following:subparagraph (c)

shall identify the parts of

the product found to be in

violation of Article 3, which

must be replaced in order

for the product to be placed

or made available on the

market or exported.

Article 19a(10), point (a)

G 212m

(a) that it is prohibited to

place or make available the

products concerned on the

market;

Moved reference text

deleted

Moved from row 130 [130 - 212m]

(a) that it is prohibited to

place or make available the

products concerned on the

market;

deleted

Article 19a(10), point (b)

G 212n

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

Moved reference text

deleted

Moved from row 131 [131 - 212n]

(b) that the products already

placed or made available on

the market are withdrawn

from the Union market;

deleted

Article 19a(10), point (c)

G 212o

(c) that any product

remaining with the economic

deleted

remaining with the economic

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

operator concerned is

disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

Moved reference text

Moved from row 132 [132 - 212o]

operator concerned is

i) if the products are

perishable, donated to

charitable organisations or

organisations that benefit

public interest;

ii) if the products are

not perishable, recycled;

iii) where points (i) and

(ii) are not possible, disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

Article 19a(11)

R 212p

6. Where economic

operators provide evidence

to the competent authorities

that they have complied with

the decision referred to in

paragraph 4, and that they

have eliminated forced

labour from their operations

or supply chain with respect

to the products concerned,

the competent authorities

shall withdraw their decision

for the future and inform the

economic operators.

Moved reference text

deleted

Moved from row 133 [133 - 212p]

6. Where economic

operators provide evidence

to the competent

authoritiesthe Commission

or competent authorities

establish that economic

operators have

demonstrated that they have

complied with the decision

referred to in paragraph 4,

and that they have

eliminated forced labour

from their operations or

supply chain with respect to

the products concerned and

that relevant forced labour

cases have been remediated,

the Commission or the

64aa. The lead competent

authority may, where

economic operators provide

evidence to the competent

authorities that they have

complied with the decision

referred to in paragraph 4,

and appropriate and having

due regard to potential

supply chain disruptions,

refrain from imposing an

order to dispose of the

product concerned, and

instead order the product

concerned to be withheld, at

the cost of the economic

operator. If economic

operators demonstrate that

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

competent authorities shall

withdraw their decision for

the future and inform the

economic operators.

they have eliminated forced

labour from their operations

or supply chain with respect

to the products concerned,

the lead competent

authoritiesauthority shall

withdraw theirreview its

decision for the future and

inform the economic

operatorsreferred to in

paragraph 4 in accordance

with paragraph 7. [+ recital]

Article 19a(12)

R 212q

Those implementing acts

shall be adopted in

accordance with the

examination procedure

referred to in Article 33(2).

4a. Where the Commission

acts as lead competent

authority, decisions referred

to in paragraph 4 shall be

adopted by means of

implementing acts in the

form of a decision. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

The Commission shall

endeavour to adopt its

decision within 6 months

from the date it closed the

investigation pursuant to

Article 18(1).

Article 19a(13)

G 212r G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

5. The Commission shall

endeavour to adopt its

decision referred to in

paragraph 4 within 6

months from the

transmission of all

information and evidence

referred to in paragraph 1.

5. Lead competent

authorities shall notify the

final decision to all

economic operators to

which it is addressed and

communicate it to all

competent authorities,

through the information

and communication system

referred to in Article 8(1).

Article 19a(14)

G 212s

5a. The Commission shall

notify the final decision to

all economic operators to

which it is addressed and

communicate it to all

competent authorities,

through the information

and communication system

referred to in Article 8(1).

5a. Decisions taken

pursuant to paragraph 4 by

a competent authority in

one Member State shall be

recognised and enforced by

competent authorities in the

other Member States, in so

far as they relate to

products with the same

identification and from the

same supply chain for

which forced labour has

been found.

Article 19a(15)

Y 212t

7. The Commission may,

on its own initiative or upon

request by an economic

operator concerned by a

decision and who is able to

submit new information

Article 20a

Review of decisions adopted

regarding the violation of

Article 3

1. Lead competent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

that was not brought to the

attention of the competent

authority during the

investigation and included

in the file referred to in

paragraph 1, reconsider,

amend or repeal at any

moment a decision adopted

pursuant to Article 20(4) for

one of the following

reasons:

authorities shall provide

economic operators affected

by a decision adopted

pursuant to Article 20 with

the possibility of requesting

a review of that decision at

any time. The request for a

review shall contain

information which

demonstrates that the

products are placed or made

available on the market or

to be exported in

compliance with Article 3.

That information shall

contain new substantial

information that was not

brought to the attention of

the competent authority

during the investigation.

2. A lead competent

authority shall take a

decision on the request for

review within 30 working

days from the date of receipt

of the request.

Article 19a(15), point (a)

R 212u

(a) there has been a

substantial change in any of

the facts on which the

decision was based;

3. Where economic

operators have

demonstrated that they have

complied with the decision

referred to in Article 20,

and that they have

eliminated forced labour

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

from their operations or

supply chain with respect to

the products concerned

[and that relevant forced

labour cases have been

remediated], the lead

competent authority shall

withdraw its decision for the

future, inform the economic

operators and remove it

from the Forced Labour

Single Portal referred to in

Article 12.

4. Where the

Commission acts as lead

competent authority, the

withdrawal referred to in

paragraph 4 shall be

implemented via an

implementing act. Those

implementing acts shall be

adopted in accordance with

the examination procedure

referred to in Article 33(2).

On duly justified imperative

grounds of urgency relating

to the protection of rights of

defence and of property of

the economic operators

concerned, the Commission

shall adopt immediately

applicable implementing

acts in accordance with the

procedure referred to in

Article 33(4) [urgency

procedure]. [Those acts

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall remain in force for a

period not exceeding [XX

months*].

Article 19a(15), point (b)

Y 212v

(b) the decision was based

on incomplete, incorrect or

misleading information.

5. Economic operators that

have been affected by a

decision of a Member State

competent authority

pursuant to this Regulation

shall have access to a court

or a tribunal to review the

procedural and substantive

legality of the decision.

6. Paragraph 4 shall

be without prejudice to any

provision of national law

which requires that

administrative review

procedures be exhausted

prior to recourse to judicial

proceedings.

7. Decisions adopted

by Member State competent

authorities pursuant to this

Regulation are without

prejudice to any decisions

of a judicial nature taken by

national courts or tribunals

of the Member States with

respect to the same

economic operators or

products.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 20

213

Article 20

Measures on products

refused for release for free

circulation or export

Article 20

Measures on products

refused for release for free

circulation or export

deleted

Article 20, first paragraph

214

Where the release for free

circulation or export of a

product has been refused in

accordance with Article 19,

customs authorities shall

take the necessary measures

to ensure that the product

concerned is disposed of in

accordance with national law

consistent with Union law.

Articles 197 and 198 of

Regulation (EU) No

952/2013 shall apply

accordingly.

Where the release for free

circulation or export of a

product has been refused in

accordance with Article 19,

customs authorities in

cooperation with the

Commission or the

competent authorities shall

take the necessary measures

to ensure that the product

concerned is donated to

charitable or public interest

purposes if it is perishable.

If such products are not

perishable, they should be

recycled, and if that is not

possible, they should be disposed of in accordance

with national law consistent

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

Moved to row 269f [214 - 269f]

Article 20a

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

G 214a

Article 7

Content of the decision

Moved reference text

Article 721

Content of the decision

Moved from row 134 [134 - 214a]

EP Article 7

Content of the decision

Article 721

Content of the decision

Text Origin: Council

Mandate

Article 20a, first paragraph

G 214b

1. The decision referred to

in Article 6(4) shall contain

all of the following:

Moved reference text

1. The decision referred to

in Article 6(4)20(4) shall

also contain all of the

following:

Moved from row 135 [135 - 214b]

1. The decision referred to

in Article 6(4) shall contain

all of the following:

1. The decision referred to

in Article 6(4)20 shall

contain all of the following:

Text Origin: Council

Mandate

Article 20, first paragraph, point (a)

G 214c

(a) the findings of the

investigation and the

information underpinning

the findings;

Moved reference text

(a) the findings of the

investigation and the

information underpinning

the findings;

Moved from row 136 [136 - 214c]

(a) the findings of the

investigation and the

information and evidence

underpinning the findings;

(a) the findings of the

investigation and the

information and evidence

underpinning the findings;

Text Origin: Auxiliary

Article 20, first paragraph, point (b)

R 214d

(b) a reasonable time limit

for the economic operators

to comply with the order,

which shall not be less than

30 working days and no

(b) a reasonable time

limitlimits for the economic

operators to comply with the

order, which shall not be less

than 30 working days and no

(b) a reasonable time limit

for the economic operators

to comply with the order,

which shall not be less than

30 working days and no

(b) a reasonable time

limitlimits for the economic

operators to comply with the

order, which shall not be less

than 30 working days and no

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the competent

authority shall take into

account the economic

operator’s size and economic

resources;

Moved reference text

longer than necessary to

withdraw the respective

productsfrom the date of

notification of the decision

referred to in Article 20(4).

When setting such a time

limit, the competent

authorityCommission shall

take into account the

economic operator’s size and

economic resources and the

availability of alternative

sources of supply. In case of

perishable goods, animals

and plants, the time limit

shall be no less than 10

working days and no longer

than necessary to withdraw

the products concerned and

to dispose of them;

Moved from row 137 [137 - 214d]

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the Commission

or the competent authority

shall take into account the

economic operator’s size and

economic resources,

including whether the

operator is an SME;

longer than necessary to

withdraw the respective

products. When setting such

a time limit, the competent

authority shall take into

account the economic

operator’s size and economic

resources, including

whether the operator is an

SME. In case of perishable

goods, animals and plants,

the time limit shall be no

less than 10 working days

and no longer than

necessary to withdraw the

products concerned and to

dispose

of them;

Article 20, first paragraph, point (c)

G 214e

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or producer

and the product suppliers;

Moved reference text

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or producer

and the product suppliers;

Moved from row 138 [138 -

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer, producer,

production site, or producer

and the product suppliers;

and in particular the details

allowing the identification of

the product, to which the

decision applies, including

details about the

manufacturer or, producer

and, the product suppliers

and, where appropriate,

production site;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

214e]

Text Origin: Auxiliary

Article 20, first paragraph, point (d)

G 214f

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved reference text

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.;

Moved from row 139 [139 - 214f]

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.

(d) where available and

applicable, information

required under customs

legislation as defined in

Article 5(2) of Regulation

(EU) No 952/2013.;

Text Origin: Council

Mandate

Article 20, first paragraph, point (e)

G 214g

(e) information on the

possibilities for a judicial

review against a decision.

(e) information on the

possibilities for a judicial

review against a decision.

Text Origin: Council

Mandate

Article 20, first paragraph, point (f)

G 214h

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be provided

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be made

2. The Commission shall

adopt implementing acts

further specifying the details

of the information to be

included in the decisions.

Those details shall as a

minimum include details of

information to be provided

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

Moved reference text

or made available to

customs authorities in

accordance with Article

16(3)26(3) to enable the

identification of products

requested by Article 25(4).

Those implementing acts

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29 33(2).

Moved from row 140 [140 - 214h]

available to customs

authorities in accordance

with Article 16(3). Those

implementing acts shall be

adopted in accordance with

the examination procedure

pursuant to Article 29.

or made available to

customs authorities in

accordance with Article

16(3)26(3) to enable the

identification of products

requested by Article 25(4).

Those implementing acts

shall be adopted in

accordance with the

examination procedure

pursuant to Article 2933(2).

Text Origin: Council

Mandate

Article 21

215

Article 21

Exchange of information and

cooperation

Article 21

Exchange of information and

cooperation

Moved to row 272a [215 - 272a]

Article 21(1)

216

1. To enable a risk-based

approach for products

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information.

1. To enable a risk-based

approach for products

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, the

Commission, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

Moved to row 272b [216 - 272b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

related information, in

which the Commission will

take on a coordination role.

Article 21(2)

217

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

Moved to row 272c [217 - 272c]

Article 21(2), point (a)

218

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

Moved to row 272d [218 - 272d]

Article 21(2), point (b)

219

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

Moved to row 272e [219 - 272e]

Chapter IV

220

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Chapter IV

Information systems,

guidelines and coordinated

enforcement

Chapter IV

Information systems,

guidelines and coordinated

enforcement

Moved to row 212a [220 - 212a]

Article 22

221

Article 22

Information and

communication systems

Article 22

Information and

communication systems

Moved to row 148a [221 - 148a]

Article 22(1)

222

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

1. For the purposes of

Chapters II and III,

competent authorities shall

use the information and

communication system

referred to in Article 34 of

Regulation (EU) 2019/1020.

The Commission, competent

authorities and customs

authorities shall have access

to that system for the

purposes of this Regulation.

Moved to row 148b [222 - 148b]

Article 22(2)

223

2. The decisions

communicated pursuant to

Article 15(3) shall be

entered in the relevant

customs risk management

environment.

2. The decisions

communicated pursuant to

Article 15(3) shall be

entered in the relevant

customs risk management

environment.

Moved to row 148d [223 - 148d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 22(3)

224

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

years from the date of the

adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

3. The Commission shall

develop an interconnection

to enable the automated

communication of decisions

referred to in Article 15(3)

from the information and

communication system

referred to in paragraph 1 to

the environment referred to

in paragraph 4. That

interconnection shall start

operating no later than two

yearsone year from the date

of the adoption of the

implementing act referred to

in paragraph 7, point (b), in

respect of that

interconnection.

Moved to row 148e [224 - 148e]

Article 22(4)

225

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

4. Requests and

notifications exchanged

between competent

authorities and customs

authorities pursuant to

Articles 17 to 20 of this

Regulation as well as the

ensuing messages shall take

place by means of the

information and

communication system

Moved to row 148f [225 - 148f]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

referred to in paragraph 1.

Article 22(5)

226

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs and

competent authorities

pursuant to Articles 17 to 20

of this Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation XX/20XX]1

within four years from the

date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

_________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

5. The Commission shall

interconnect the national

single window environments

for customs with the

information and

communication system

referred to in paragraph 1 to

enable the exchange of

requests and notifications

between customs, the

Commission and competent

authorities pursuant to

Articles 17 to 20 of this

Regulation. That

interconnection shall be

provided through [EU CSW-

CERTEX pursuant to

Regulation XX/20XX]140

within fourtwo years from

the date of adoption of the

implementing act referred to

in paragraph 7(c). The

exchanges referred to in

paragraph 4 shall take place

through that interconnection

as soon as it is operational.

__________________

1Established by the

Regulation on the EU

Single Window

Environment for Customs

(EU SWE-C).

Moved to row 148g [226 - 148g]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

_________ 1. Established by the Regulation on

the EU Single Window

Environment for Customs (EU

SWE-C).

Article 22(6)

227

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

6. The Commission may

extract from the surveillance

system referred to in Article

56(1) of Commission

Implementing Regulation

(EU) 2015/2447 information

on products entering or

leaving the Union market

related to the

implementation of this

Regulation and transmit it to

the information and

communication system

referred to in paragraph 1.

Moved to row 148h [227 - 148h]

Article 22(7)

228

7. The Commission is

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

7. The Commission is

empowered to adopt

implementing acts in

accordance with the

examination procedure

pursuant to Article 29 to

specify the procedural rules

and the details of the

implementation

arrangements for this

Moved to row 148i [228 - 148i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article, including:

Article 22(7), point (a)

229

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

(a) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership, of the

information and

communication system

referred to in paragraphs 1

and 4;

Moved to row 148j [229 - 148j]

Article 22(7), point (b)

230

(b) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

(b) the functionalities, data

elements and data

processing, as well as the

rules on the processing of

personal data, confidentiality

and controllership for the

interconnection referred to in

paragraph 3;

Moved to row 148k [230 - 148k]

Article 22(7), point (c)

231

transmitted between the

information and

communication system

referred to in paragraph 1

and the national single

transmitted between the

information and

communication system

referred to in paragraph 1

and the national single

Moved to row 148l [231 - 148l]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

window environments for

customs for the purposes of

paragraph 5;

window environments for

customs for the purposes of

paragraph 5;

Article 22(7), point (d)

232

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

(d) the data to be

transmitted, as well as the

rules on its confidentiality

and controllership, in

accordance with paragraph

Moved to row 148m [232 - 148m]

Article 23

233

Article 23

Guidelines

Article 23

Guidelines

Moved to row 166b [233 - 166b]

Article 23, first paragraph

234

The Commission shall issue

guidelines no later than 18

months after the entry into

force of this Regulation,

which shall include the

following:

The Commission shall issue

guidelines no later than 1812

months after the entry into

forcebefore the date of

application of this

Regulation, which shall

include the following:

Moved to row 166c [234 - 166c]

Article 23, first paragraph, point (a)

235

(a) guidance on due

diligence in relation to

(a) guidance on due

diligence in relation to

Moved to row 166d [235 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

forced labour, which shall

take into account applicable

Union legislation setting out

due diligence requirements

with respect to forced

labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators;

forced labour, including

forced child labour, which

shall take into account

applicable Union legislation

setting out due diligence

requirements with respect to

forced labour, guidelines and

recommendations from

international organisations,

as well as the size and

economic resources of

economic operators,

different types of suppliers

along the supply chain,

different sectors and the

particular risks associated

with forced labour imposed

by state authorities;

166d]

Article 23, first paragraph, point (aa)

235a

(aa) guidance on how to

submit information

pursuant to Article 10;

Article 23, first paragraph, point (ab)

235b

(ab) guidance for economic

operators and product

suppliers on how to engage

in dialogue with competent

authorities pursuant to

Articles 4 and 5;

Article 23, first paragraph, point (ac)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

235c

(ac) guidance for economic

operators on measures that

are suitable and effective

for bringing to an end

different types of forced

labour;

Article 23, first paragraph, point (b)

236

(b) information on risk

indicators of forced labour,

which shall be based on

independent and verifiable

information, including

reports from international

organisations, in particular

the International Labour

Organization, civil society,

business organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

(b) information on risk

indicators of forced labour,

including how to identify

them, which shall be based

on independent and

verifiable information,

including reports from

international organisations,

in particular the International

Labour Organization, civil

society, business

organisations, and

experience from

implementing Union

legislation setting out due

diligence requirements with

respect to forced labour;

Moved to row 166g [236 - 166g]

Article 23, first paragraph, point (c)

237

available information

sources of relevance for the

implementation of this

Regulation;

deleted

Moved to row 166h [237 - 166h]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 23, first paragraph, point (d)

238

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

(d) further information to

facilitate the competent

authorities’ implementation

of this Regulation;

Moved to row 166k [238 - 166k]

Article 23, first paragraph, point (e)

239

(e) guidance for the

practical implementation of

Article 16 and, where

appropriate, any other

provision laid down in

Chapter III of this

Regulation.

(e) guidance for competent

authorities on the practical

implementation of

application of Articles 4 and

5, Article 11, Article 16 and,

where appropriate, any other

provision laid down in

Chapter III of this

Regulation, including

benchmarks for assisting

competent authorities in

their risk-based assessments

of investigations and

guidelines on the applicable

standard of evidence and on

how to ensure that

economic operators can use

the official language of

their place of establishment.

Moved to row 166j [239 - 166j]

Article 23, first paragraph a

239a

The guidance referred to in

paragraph 1, point (a), shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

focus in particular on

assisting small and

medium-sized enterprises

(SMEs) and economic

operators outside the scope

of [Directive 20XX/XX/EU

on Corporate Sustainability

Due Diligence] in

complying with this

Regulation, and in

particular with regard to

cases referred to in Article

5(2), point (da).

Article 23, third paragraph

239b

Furthermore, the

Commission shall develop

accompanying measures to

support the efforts of

economic operators and

their business partners in

the same supply chain, in

particular the SMEs. Those

measures shall include a

one-stop shop for all

matters related to the

application of this

Regulation and support to

multi-stakeholder

initiatives.

Article 23, fourth paragraph

239c

National competent

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

authorities shall support

micro, small and medium-

sized enterprises (SMEs) by

organizing trainings on

forced labour risk

indicators and on

engagement with

authorities during

investigations, and set up a

hotline for questions related

to this Regulation.

Article 23, fifth paragraph

239d

The Commission shall

consult relevant

stakeholders and partners

when elaborating the

guidelines referred to in this

Article.

Article 23, sixth paragraph

239e

The guidelines shall be

consistent with guidelines

provided in accordance with

other relevant Union law.

Article 24

240

Article 24

Union Network Against

Forced Labour Products

Article 24

Union Network Against

Forced Labour Products

Moved to row 120c [240 - 120c]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 24(1)

241

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

1. A Union Network

Against Forced Labour

Products (‘the Network’) is

established. The Network

shall serve as a platform for

structured coordination and

cooperation between the

competent authorities of the

Member States and the

Commission, and to

streamline the practices of

enforcement of this

Regulation within the Union,

thereby making enforcement

more effective and coherent.

The Commission shall

coordinate the work of the

Network.

Moved to row 120d [241 - 120d]

Article 24(1a)

241a

1a. The Commission and

the Member States shall

ensure that the Network has

the necessary resources to

carry out the tasks referred

to in paragraph 3, including

sufficient budgetary and

other resources.

Article 24(2)

242

2. The Network shall be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

composed of representatives

from each Member States’

competent authority,

representatives from the

Commission and, where

appropriate, experts from the

customs authorities.

Moved to row 120e [242 - 120e]

Article 24(2a)

242a

2a. A representative from

the Commission shall chair

the meetings of the

Network.

Article 24(2b)

242b

2b. The Network shall have

a secretariat. It shall be

provided by the

Commission. The

secretariat shall organise

the meetings of the Network

and provide technical and

logistical support to the

Network.

Article 24(3)

243

3. The Network shall have

the following tasks:

3. The Network shall have

the following tasks:

Moved to row 120h [243 - 120h]

Article 24(3), point (a)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

244

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

(a) facilitate the

identification of common

priorities for enforcement

activities, to exchange

information, expertise and

best practices;

Moved to row 120i [244 - 120i]

Article 24(3), point (b)

245

(b) conduct joint

investigations;

(b) conduct joint

investigations;

Moved to row 120k [245 - 120k]

Article 24(3), point (ba)

245a

(ba) commission research

and monitor situations of

systemic use of forced

labour;

Article 24(3), point (c)

246

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

building activities and

contribute to uniform risk-

based approaches and

administrative practices for

the implementation of this

Regulation in the Member

States;

Moved to row 120m [246 - 120m]

Article 24(3), point (ca)

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

246a

(ca) facilitate capacity

building activities, such as

the organisation of training

programmes for competent

authorities and other

relevant stakeholders;

Article 24(3), point (cb)

246b

(cb) promote cooperation,

exchange of expertise,

exchanges of personnel and

voluntary mutual visit

programmes between

competent authorities and,

where appropriate, with the

authorities of partner third

countries or with

international organisations,

especially with the

authorities of low and lower

middle-income countries;

Article 24(3), point (cc)

246c

(cc) assist in the

organisation of information

campaigns about this

Regulation inside and

outside the Union;

Article 24(3), point (cd)

246d

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(cd) involve and organise

training for the diplomatic

representations of the

Union to assist in the

information gathering and

dissemination efforts of this

Regulation;

Article 24(3), point (d)

247

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation;

(d) contribute to the

development of guidance to

ensure the effective and

uniform application of this

Regulation, and identify

discrepancies between

enforcement at the level of

different Member States;

Moved to row 120n [247 - 120n]

Article 24(3), point (e)

248

(e) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

traceability of products;

(e) promote and facilitate

collaboration to explore

possibilities for using new

technologies for the

enforcement of this

Regulation and the

traceability of products;

Moved to row 120r [248 - 120r]

Article 24(3), point (f)

249

(f) to promote the

cooperation and exchange of

expertise and best practices

(f) to promote the

cooperation and exchange of

expertise and best practices

Moved to row 120u [249 - 120u]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

between competent

authorities and customs

authorities;

between competent

authorities and customs

authorities, as well as

between those authorities

and competent authorities

of third countries and

international organisations,

including the World

Customs Organisation;

Article 24(3), point (fa)

249a

(fa) maintain regular

contact with the

Commission's relevant

services to receive

information from other

Union initiatives that

support the eradication of

forced labour and provide

relevant information about

the application of this

Regulation.

Article 24(4)

250

4. The Commission shall

support and encourage

cooperation between

enforcement authorities

through the Network and

participate in the meetings of

the Network.

4. The Commission shall

support and encourage

cooperation between

enforcement authorities

through the Network and

participate in the meetings

ofensure the effective and

uniform application of this

Regulation and to that

Moved to row 120v [250 - 120v]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

effect support and

encourage cooperation

between enforcement

authorities through the

Network.

Article 24(4a)

250a

4a. The Network may invite

experts and stakeholders,

including social partners

and other workers’

representatives, civil society

and human rights

organisations

representatives, businesses

representatives,

international organisations,

third countries’ competent

authorities, the European

Agency for Fundamental

Rights, the European

Labour Authority or other

Union agencies with

relevant expertise in the

areas covered by this

Regulation to attend

meetings of the Network or

to provide written

contributions. Where

appropriate, diplomatic

representations of the

Union, particularly based in

countries with regions

identified having a high risk

of forced labour occurring,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall also be involved in the

work of this Network.

Article 24(4b)

250b

4b. The Network shall meet

at regular intervals and,

where necessary, at the duly

motivated request of the

Commission or a Member

State.

Article 24(5)

251

5. The Network shall

establish its rules of

procedure.

5. The Network shall

establish its rules of

procedure.

Moved to row 120z [251 - 120z]

CHAPTER V

G 252

CHAPTER V

Final provisions

CHAPTER V

Final provisions

CHAPTER V

Final

provisionsEnforcement

Final provisions Chapter moved to Chapter VI

CHAPTER V

Final

provisionsEnforcement

Text Origin: Council

Mandate

Title I

G 252a

Title I

Competent authorities

Section I

Competent authorities

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 24a

G 252b

Article 22

Enforcement of the

decisions by competent

authorities

Article 22

Enforcement of the

decisions by competent

authorities

Text Origin: Council

Mandate

Article 24a(1), first subparagraph

G 252c

1. Where within the

reasonable time limit

referred to in Article

21(1)(b) an economic

operator has failed to

comply with the decision

referred to in Article 20(4),

the competent authorities

shall be responsible of the

enforcement of the decision

and shall ensure all of the

following:

1. Where within the

reasonable time limit

referred to in Article

21(1)(b) an economic

operator has failed to

comply with the decision

referred to in Article 20(4),

the competent authorities

shall be responsible of the

enforcement of the decision

and shall ensure all of the

following:

Text Origin: Council

Mandate

Article 24a(1), first subparagraph, point (a)

G 252d

(a) that it is prohibited to

place or make available the

products concerned on the

Union market [and to

(a) that it is prohibited to

place or make available the

products concerned on the

Union market and to export

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

export them];

them;

Text Origin: Council

Mandate

Article 24a(1), first subparagraph, point (b)

G 252e

(b) that the products

concerned already placed or

made available on the

market are withdrawn from

the Union market by

relevant authorities, in

accordance with Union and

national laws;

(b) that the products

concerned already placed or

made available on the

market are withdrawn from

the Union market by

relevant authorities, in

accordance with Union and

national laws;

Text Origin: Council

Mandate

Article 24a(1), first subparagraph, point (c)

G 252f

(c) that the products

concerned remaining with

the economic operator are

disposed of in accordance

with Article 24, at the

expense of the economic

operator;

(c) that the products

concerned remaining with

the economic operator are

disposed of in accordance

with Article 24, at the

expense of the economic

operator;

Text Origin: Council

Mandate

Article 24a(1), second subparagraph

G 252g

(d) that access to the online

interface displaying the

(d) that access to the

products and to listings

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

content referring to the

products concerned is

restricted by requesting the

relevant third party to

implement such measures.

referring to the products

concerned is restricted by

requesting the relevant third

party to implement such

measures;

Article 24a(2)

G 252h

2. If the economic operator

has failed to comply with

the decision, the competent

authority shall impose

either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties on the

economic operator pursuant

to Article 34.

2. If the economic operator

has failed to comply with

the decision, the competent

authority shall impose

either directly, in

cooperation with other

authorities or by application

to the competent judicial

authorities, penalties on the

economic operator pursuant

to Article 34.

Text Origin: Council

Mandate

Article 24b

G 252i

Article 23

Withdrawal of products

made with forced labour

Article 23

Withdrawal of products

made with forced labour

Text Origin: Council

Mandate

Article 24b(1)

G 252j

1. Any decision to order the

1. Any decision to order the G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

withdrawal of the products

already placed or made

available on the Union

market and their disposal

referred to in Article 20(4)

shall be communicated,

through the information

and communication system

referred to in Article 8(1), to

the Market surveillance

authorities as referred to in

Article 10 of Regulation

(EU) 2019/1020 or the other

authorities relevant for the

product concerned.

withdrawal of the products

already placed or made

available on the Union

market and their disposal

referred to in Article 20(4)

shall be communicated,

through the information

and communication system

referred to in Article 8(1), to

the Market surveillance

authorities as referred to in

Article 10 of Regulation

(EU) 2019/1020 or the other

authorities relevant for the

product concerned.

Text Origin: Council

Mandate

Article 24b(2)

G 252k

2. The enforcement of the

withdrawal of products

shall be of the responsibility

of the competent authority,

in coordination with any

other relevant authorities

for the product concerned.

2. The enforcement of the

withdrawal of products

shall be of the responsibility

of the competent authority,

in coordination with any

other relevant authorities

for the product concerned.

Text Origin: Council

Mandate

Article 24c

G 252l

Article 24

Disposal of products made

Article 24c

Disposal of products made

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

with forced labour

Text Origin: Council

Mandate

Article 24c(1)

G 252m

1. In line with the waste

hierarchy set out in

Directive 2008/98/EC,

economic operators and

competent authorities

responsible for the disposal

of products, pursuant to

Article 20(4)c shall include

at least one of the following

measures that have to be

considered in that order:

1. In line with the waste

hierarchy set out in

Directive 2008/98/EC,

economic operators and

Member States competent

authorities responsible for

the disposal of products,

pursuant to Article 20(4)c

shall dispose of the products

concerned by recycling

them or, when that is not

possible, by rendering those

products inoperable. In case

of perishable products, the

disposal shall be done by

donating the products

concerned for charitable or

public interest purposes or,

when that is not possible, by

rendering those products

inoperable.

Chapter I

G 252n

(a) donation of the

products concerned for

charitable or public interest

purposes;

i) if the products are

perishable, donated to

charitable organisations or

organisations that benefit

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

public interest;

Chapter II

G 252o

(aa) recycling of the

products;

ii) if the products are

not perishable, recycled;

deleted

Chapter III

G 252p

(c) rendering the products

concerned inoperable.

iii) where points (i) and

(ii) are not possible,

disposed of in accordance

with national law consistent

with Union law at the

expense of the economic

operator.

deleted

Text Origin: Council

Mandate

Title II

G 252q

Title II

Customs authorities

Section II

Customs authorities

Text Origin: Council

Mandate

Article 25

G 253

Article 25

Confidentiality

Article 25

Confidentiality

Original Article 25 (from EP and Commission) moved to line 253h. Below lines are New Article 25 from the Council

Article 25

ConfidentialityControls by

customs authorities

EP Article 2515

Confidentiality

Controls

Article 25

ConfidentialityControls by

customs authorities

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 25(-1)

G 253a

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this Chapter.

Moved reference text

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this ChapterTitle.

Moved from row 189 [189 - 253a]

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this Chapter.

1. Products entering or

leaving the Union market

shall be subject to the

controls and measures laid

down in this

ChapterSection.

Text Origin: Council

Mandate

Article 25(-1a)

G 253b

3. The competent authority

shall without delay, where

no request for a review has

been introduced within the

time limits referred in

Article 8(1) or the decision

is definitive in case of a

request for a review as

referred to in Article 8(3),

communicate to the customs

authorities of Member

States:

Moved reference text

3. The competent

authorityCommission shall

without delay, where no

request for a review has

been introduced within the

time limits referred in

Article 8(1) or the decision

is definitive in case of a

request for a review as

referred to in Article 8(3),

communicate to the customs

authorities of Member

States:communicate to the

customs authorities of

Member States, decisions to

prohibit the placing or

making available of the

products on the Union

market and their export,

pursuant to Article 20(4).

3. The Commission or the

competent authority shall

without delay, where no

request for a review has been

introduced within the time

limits referred in Article 8(1)

or the decision is definitive

in case of a request for a

review as referred to in

Article 8(3), communicate to

the customs authorities of

Member States:

3. [The leadThe competent

authority] shall without

delay, where no request for

a review has been

introduced within the time

limits referred in Article 8(1)

or the decision is definitive

in case of a request for a

review as referred to in

Article 8(3), communicate to

the customs authorities of

Member States:

communicate to the customs

authorities of Member

States definitive decisions to

prohibit the placing or

making available of the

products on the Union

market and their export,

pursuant to Article 20[(4)].

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 191 [191 - 253b]

Article 25(-1b)

G 253c

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

Moved reference text

2. The application of this

ChapterTitle is without

prejudice to any other Union

legislation governing the

release for free circulation

or export of products, in

particular Articles 46, 47,

134 and 267 oflegal acts

governing customs risk

management, customs

controls and the release for

free circulation of goods

and export, under Regulation (EU) No

952/2013.

Moved from row 190 [190 - 253f]

2. The application of this

Chapter is without prejudice

to other Union legislation

governing the release for

free circulation or export of

products, in particular

Articles 46, 47, 134 and 267

of Regulation (EU) No

952/2013.

2. The application of this

ChapterSection is without

prejudice to any other Union

legislation governing the

release for free circulation

or export of products, in

particular Articles 46, 47,

134 and 267 oflegal acts

governing customs risk

management, customs

controls and the release for

free circulation of goods

and export, under Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Article 25(-1c)

G 253d

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

4. Customs authorities shall

rely on the decisions

communicated pursuant to

paragraph 3 to identify

products that may not

comply with the prohibition

laid down in Article 3. For

that purpose, they shall carry

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013.

Moved reference text

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47

ofbased on risk

management as laid down

in Regulation (EU) No

952/2013.

Moved from row 194 [194 - 253c]

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47 of

Regulation (EU) No

952/2013. The Commission

and Member States shall

ensure that the customs

authorities have sufficient

resources to carry out these

controls.

out controls on products

entering or leaving the

Union market in accordance

with Articles 46 and 47

ofbased on risk

management as laid down

in Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Article 25(-1c), point (a)

G 253e

(a) any decision to prohibit

the placing or making

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

Moved reference text

deleted

Moved from row 192 [192 - 253d]

(a) any decision to prohibit

the placing or making

available of the products on

the Union market and their

export, as well as to order

the withdrawal of the

products already placed or

made available on the Union

market and their disposal

referred to in Article 6(4);

deleted

Article 25(-1c), point (b)

G 253f

(b) any decision following

the review referred to in

Article 8(3).

Moved reference text

deleted

Moved from row 193 [193 - 253e]

(b) any decision following

the review referred to in

Article 8(3).

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 25(-1d)

G 253g

5. The competent authority

shall without delay

communicate to the customs

authorities of Member States

a withdrawal of the decision

referred to in Article 6(6).

Moved reference text

5. The competent

authorityCommission shall

without delay communicate

to the customs authorities of

Member States aany

withdrawal of the decision

referred to in Article

6(6)20(4) pursuant to

Article 20(8).

Moved from row 195 [195 - 253g]

5. The Commission or the

competent authority shall

without delay communicate

to the customs authorities of

Member States a withdrawal

of the decision referred to in

Article 6(6).

5. [The leadThe competent

authority] shall without

delay communicate to the

customs authorities of

Member States aany

withdrawal, as well as any

changes of a definitive of

the decision referred to in

Article 6(6)20[(4)] pursuant

to [Article 20a].

Article 25(-1e)

R 253h

4a. [The Commission and

Member States shall ensure

that the customs authorities

have sufficient resources to

carry out these controls. ]

Article 25(-1)

253i

EP Article 25

Confidentiality

Article 25(1)

254

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

Moved to row 273a [254 - 273a]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of applying this Regulation.

Article 25(2)

255

2. Where requested, the

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the

information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

2. Where requested, The

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the,

unless stated otherwise by

those who provide information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

Moved to row 273c [255 - 273c]

Article 25(3)

256

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

Moved to row 273d [256 - 273d]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Article 25a

G 256a

Article 16

Information to be made

available to customs

authorities

Moved reference text

Article 1626

Additional information to be

provided or made available

to customs authorities

Moved from row 196 [196 - 256a]

EP Article 16

Information to be made

available to customs

authorities

Article 1626

Additional information to be

provided or made available

to customs authorities

Text Origin: Council

Mandate

Article 25a(1)

G 256b

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 2731 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities. The products or

product group concerned

shall be chosen on a risk-

based approach, building

amongst others, on the basis

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 27 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f

information and decisions

encoded in the information

1. The Commission is

empowered to adopt

delegated acts in accordance

with Article 2731 to

supplement this Regulation

by identifying the products

or product groups for which

the information referred to in

paragraph 2 shall be

provided to customs

authorities, amongst others,

on the basis of the database

referred to in Article 11 or f.

The products or product

group concerned shall be

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

and communication system

referred to in Article 22(1).

Moved reference text

ofinformation available in

the database referred to in

Article 11 or f9, on the

decisions taken on the basis

of Article 20(4), on information exchanged in

the Union Network Against

Forced Labour Products

and onand decisions

encoded in the information

and communication system

referred to in Article

22(1)8(1).

Moved from row 197 [197 - 256b]

and communication system

referred to in Article 22(1).

chosen following a

proportionate approach,

building, amongst others,

on the information and

decisionsavailable in the

database, information encoded in the information

and communication system,

and substantiated

information exchanged in

the Union Network Against

Forced Labour Products referred to in Article 22(1).

Article 25a(2)

G 256c

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

2. Customs authorities shall

be provided with information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1The person

intending to place a product

covered by a delegated act

adopted pursuant to

paragraph 1 of this Article

under the customs

2. Customs authorities shall

be provided with

information identifying the

product, information about

the manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1, unless the

provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

2. Customs authorities shall

be provided with information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers

as regards products entering

or leaving the Union market

that have been identified by

the Commission pursuant to

paragraph 1The person

intending to place a product

covered by a delegated act

adopted pursuant to

paragraph 1 of this Article

under the customs

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(EU) No 952/2013.

Moved reference text

procedures ‘release for free

circulation’ or ‘export’

shall provide or make

available to customs

authorities information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers,

unless the provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

Moved from row 198 [198 - 256c]

(EU) No 952/2013.

procedures ‘release for free

circulation’ or ‘export’

shall provide or make

available to customs

authorities information

identifying the product,

information about the

manufacturer or the

producer and information

about the product suppliers,

unless the provision of such

information is already

required pursuant to customs

legislation referred to in

Article 5(2) of Regulation

(EU) No 952/2013.

Text Origin: Council

Mandate

Article 25a(3)

G 256d

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

Moved reference text

3. The Commission may

adopt implementing acts

further specifyingspecifying

the detailed arrangements

for implementing

paragraphs 1 and 2 of this

Article, and defining the

details of the information to

be provided or made

available to customs

authorities pursuant to

paragraph 1.

Moved from row 199 [199 -

3. The Commission may

adopt implementing acts

further specifying the details

of the information to be

made available to customs

authorities pursuant to

paragraph 1.

3. The Commission may

adopt implementing acts

further specifyingspecifying

the detailed arrangements

for implementing

paragraphs 1 and 2 of this

Article, and defining the

details of the information to

be provided or made

available to customs

authorities pursuant to

paragraph 1.

Text Origin: Council

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

256d]

Mandate

Article 25a(4)

G 256e

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

Moved reference text

4. TheThose implementing

acts referred to in paragraph

3 shall be adopted in

accordance with the

examination procedure

pursuant to Article 2933(2).

Moved from row 200 [200 - 256e]

4. The implementing acts

referred to in paragraph 3

shall be adopted in

accordance with the

examination procedure

pursuant to Article 29.

4. TheThose implementing

acts referred to in paragraph

3 shall be adopted in

accordance with the

examination procedure

pursuant to Article 2933(2).

Text Origin: Council

Mandate

Article 25a(5)

G 256f

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

Moved reference text

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4)20(4), in order

for the customs authorities to

be able to act immediately

on that specific product, the

procedure provided for in

Article 2832 shall apply to

delegated acts adopted

pursuant to this

Articleparagraph 1.

Moved from row 201 [201 - 256f]

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4), in order for the

customs authorities to be

able to act immediately, the

procedure provided for in

Article 28 shall apply to

delegated acts adopted

pursuant to this Article.

5. Where a specific product

has been identified in a

decision referred to in

Article 6(4)20(4), in order

for the customs authorities to

be able to act immediately

on that specific product, the

procedure provided for in

Article 2832 shall apply to

delegated acts adopted

pursuant to this

Articleparagraph 1.

Text Origin: Council

Mandate

Article 25b

G 256g G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 17

Suspension

Moved reference text

Article 1727

Suspension

Moved from row 202 [202 - 256g]

EP Article 17

Suspension

Article 1727

Suspension

Text Origin: Council

Mandate

Article 25b, first paragraph

G 256h

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Moved reference text

Where customs authorities

identify, through their

relevant risk management

system, a product entering or

leaving the Union market

that may, in accordance

withaccording to a decision

receivedcommunicated

pursuant to Article

15(3)25(3), be in violation of

Article 3, they shall suspend

the release for free

circulation or the export of

that product. Customs

authorities shall immediately

notify the relevant

competent authorities of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3)25(3).

Moved from row 203 [203 - 256h]

Where customs authorities

identify a product entering

or leaving the Union market

that may, in accordance with

a decision received pursuant

to Article 15(3), be in

violation of Article 3, they

shall suspend the release for

free circulation or the export

of that product. Customs

authorities shall immediately

notify the relevant

competent authorities or the

Commission of the

suspension and transmit all

relevant information to

enable them to establish

whether the product is

covered by a decision

communicated pursuant to

Article 15(3).

Where customs authorities

identify, through their

relevant risk management

system, a product entering or

leaving the Union market

that may, in accordance

withaccording to a decision

receivedcommunicated

pursuant to Article

15(3)25(3), be in violation of

Article 3, they shall suspend

the release for free

circulation or the export of

that product. Customs

authorities shall immediately

notify the relevant

competent authorities of

their respective Member

State of the suspension and

transmit all relevant

information to enable them

to establish whether the

product is covered by a

decision communicated

pursuant to Article

15(3)25(3).

Text Origin: Council

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Mandate

Article 26

257

Article 26

International Cooperation

Article 26

International Cooperation

Moved to row 179a [257 - 179a]

Article 26(1)

258

1. In order to facilitate

effective implementation

and enforcement of this

Regulation, the Commission

may as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives

and business organisations.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis.

1. In order to facilitate

effective implementation

and enforcement of this

Regulation, the Commission

mayshall as appropriate

cooperate, engage and

exchange information with,

amongst others, authorities

of third countries,

international organisations,

civil society representatives,

including trade unions,

workers’ rights

organisations, NGOs and

networks of affected

stakeholders, and business

organisations and other

relevant stakeholders,

through new and existing

dialogue structures.

International cooperation

with authorities of third

countries shall take place in

a structured way as part of

the existing dialogue

Moved to row 179b [258 - 179b]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

structures with third

countries or, if necessary,

specific ones that will be

created on an ad hoc basis,

and shall, where

appropriate, facilitate the

exchange of information on

investigations, including the

reasons and evidence for

decisions taken to ban

products from their

jurisdictions. The

Commission shall have

regular contact and

cooperation in particular

with third countries that

have similar laws in place,

to share information on risk

products or regions as well

as best practices for

bringing forced labour to

an end.

Article 26(1a)

258a

1a. Cooperation with third

countries shall be integrated

with other Union policies

and instruments that

include measures to

eradicate forced labour,

including trade agreements,

the Generalised Scheme of

Preferences, and

development cooperation

projects led by the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Commission.

Article 26(1b)

258b

1b. The Commission and

Member States shall

develop cooperation and

partnership mechanisms

with third countries to

address the root causes of

forced labour, prevent and

eliminate forced labour

practices, and build the

capacity of upstream

economic actors to respond

to the requirements set out

in this Regulation.

Article 26(2)

259

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

the Union developing

accompanying measures to

support the efforts of

companies and partner

countries efforts and locally

available capacities in

tackling forced labour.

2. For the purposes of

paragraph 1, cooperation

with, amongst others,

international organisations,

civil society representatives,

business organisations and

competent authorities of

third countries may result in

the Union developing

accompanying measures to

support the efforts of

companies, and in

particular SMEs, civil

society organisations, and

partner countries' efforts and

Moved to row 179e [259 - 179e]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

locally available capacities

in tackling forced labour and

its root causes.

Article 26a

259a

Article 26a

Amendment of Directive

(EU) 2019/1937

In Part I.C.1 of the Annex

to Directive (EU)

2019/1937, the following

point is added:

‘(iv) Regulation (EU)

XXXX/XXXX of the

European Parliament and

of the Council of [date] on

prohibiting products made

with forced labour on the

Union market and

amending Directive (EU)

2019/1937.’

Article 27

260

Article 27

Delegated Acts and Exercise

of the Delegation

Article 27

Delegated Acts and Exercise

of the Delegation

Moved to row 276c [260 - 276c]

Article 27(1)

261

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

Moved to row 276d [261 -

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

on the Commission subject

to the conditions laid down

in this Article.

on the Commission subject

to the conditions laid down

in this Article.

276d]

Article 27(2)

262

2. The power to adopt

delegated acts referred to in

Article 16(1) shall be

conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

2. The power to adopt

delegated acts referred to in

Article 11a, Article 16(1),

and in Article 30(4)16(1)

shall be conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

Moved to row 276e [262 - 276e]

Article 27(3)

263

3. The delegation of power

referred to in Article 16(1)

may be revoked at any time

by the European Parliament

or by the Council. A

decision to revoke shall put

an end to the delegation of

the power specified in that

decision. It shall take effect

the day following the

publication of the decision in

the Official Journal of the

European Union or at a later

date specified therein. It

shall not affect the validity

of any delegated acts already

in force.

3. The delegation of power

referred to in Article 11a,

Article 16(1) and in Article

30(4)16(1) may be revoked

at any time by the European

Parliament or by the

Council. A decision to

revoke shall put an end to

the delegation of the power

specified in that decision. It

shall take effect the day

following the publication of

the decision in the Official

Journal of the European

Union or at a later date

specified therein. It shall not

affect the validity of any

Moved to row 276f [263 - 276f]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

delegated acts already in

force.

Article 27(4)

264

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Moved to row 276g [264 - 276g]

Article 27(5)

265

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Moved to row 276h [265 - 276h]

Article 27(6)

266

6. A delegated act adopted

pursuant to Article 16(1)

6. A delegated act adopted

pursuant to Article 11a,

Moved to row 276i [266 - 276i]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

shall enter into force only if

no objection has been

expressed either by the

European Parliament or the

Council within a period of

two months of notification

of that act to the European

Parliament and the Council

or if, before the expiry of

that period, the European

Parliament and the Council

have both informed the

Commission that they will

not object. That period shall

be extended by two months

at the initiative of the

European Parliament or of

the Council.

Article 16(1) and in Article

30(4)16(1) shall enter into

force only if no objection

has been expressed either by

the European Parliament or

the Council within a period

of two months of

notification of that act to the

European Parliament and the

Council or if, before the

expiry of that period, the

European Parliament and the

Council have both informed

the Commission that they

will not object. That period

shall be extended by two

months at the initiative of

the European Parliament or

of the Council.

Article 27a

G 266a

Article 18

Release for free circulation

or export

Moved reference text

Article 1828

Release for free circulation

or export

Moved from row 204 [204 - 266a]

EP Article 18

Release for free circulation

or export

Article 1828

Release for free circulation

or export

Text Origin: Council

Mandate

Article 27a(1)

G 266b

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

1. Where the release for free

circulation or the export of a

product has been suspended

in accordance with Article

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Moved reference text

1727, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Moved from row 205 [205 - 266b]

17, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

1727, the product shall be

released for free circulation

or exported where all the

other requirements and

formalities relating to such a

release or export have been

fulfilled and where either of

the following conditions is

satisfied:

Text Origin: Council

Mandate

Article 27a(1), point (a)

G 266c

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Moved reference text

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Moved from row 206 [206 - 266c]

(a) within 4 working days of

the suspension, if the

Commission or the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

(a) within 4 working days of

the suspension, if the

competent authorities have

not requested the customs

authorities to maintain the

suspension. In case of

perishable products, animals

and plants that time limit

shall be 2 working days;

Text Origin: Council

Mandate

Article 27a(1), point (b)

G 266d

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

(b) the Commission or the

competent authorities

informed the customs

authorities of their approval

for release for free

(b) the competent

authorities informed the

customs authorities of their

approval for release for free

circulation or export

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

pursuant to this Regulation.

Moved reference text

pursuant to this Regulation.

Moved from row 207 [207 - 266d]

circulation or export

pursuant to this Regulation.

Text Origin: Commission

Proposal

Article 27a(2)

G 266e

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

Moved reference text

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

Moved from row 208 [208 - 266e]

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

2. The release for free

circulation or export shall

not be deemed proof of

compliance with Union law

and, in particular, with this

Regulation.

Text Origin: Commission

Proposal

Article 28

267

Article 28

Urgency procedure

Article 28

Urgency procedure

Moved to row 276j [267 - 276j]

Article 28(1)

268

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

Moved to row 276k [268 - 276k]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

reasons for the use of the

urgency procedure.

reasons for the use of the

urgency procedure.

Article 28(2)

269

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Moved to row 276l [269 - 276l]

Article 28a

G 269a

Article 19

Refusal to release for free

circulation or export

Moved reference text

Article 1929

Refusal to release for free

circulation or export

Moved from row 209 [209 - 269a]

Article 19

Refusal to release for free

circulation or export

Article 1929

Refusal to release for free

circulation or export

Text Origin: Council

Mandate

Article 28a(1)

G 269b

1. Where the competent

authorities conclude that a

product that has been

notified to them in

accordance with Article 17

1. Where the competent

authorities conclude that a

product that has been

notified to them in

accordance with Article

1. Where the Commission

or the competent authorities

conclude that a product that

has been notified to them in

accordance with Article 17 is

1. Where the competent

authorities conclude that a

product that has been

notified to them in

accordance with Article

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

Moved reference text

1727 is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4)20(4), they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

Moved from row 210 [210 - 269b]

a product made with forced

labour pursuant to a decision

referred to in Article 6(4),

they shall require customs

authorities not to release it

for free circulation nor to

allow its export.

1727 is a product made with

forced labour pursuant to a

decision referred to in

Article 6(4)20, they shall

require customs authorities

not to release it for free

circulation nor to allow its

export.

Text Origin: Council

Mandate

Article 28a(2)

G 269c

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article

22(1)8(1) and notify the

customs authorities

accordingly. Upon such

notification, customs

authorities shall not allow

the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article 22(1)

and notify the customs

authorities accordingly.

Upon such notification,

customs authorities shall not

allow the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

2. Competent authorities

shall immediately enter that

information in the

information and

communication system

referred to in Article

22(1)8(1) and notify the

customs authorities

accordingly. Upon such

notification, customs

authorities shall not allow

the release for free

circulation or export of that

product and shall also

include the following notice

in the customs data-

processing system and,

where possible, on the

commercial invoice

accompanying the product

and on any other relevant

accompanying document:

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved reference text

Moved from row 211 [211 - 269e]

Text Origin: Council

Mandate

Article 28a(3)

G 269d

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this

Regulation].

Moved reference text

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this Regulation].

Moved from row 212 [212 - 269f]

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this Regulation].

‘Product made with forced

labour - release for free

circulation/export not

authorised - Regulation (EU)

XX/20XX’ [OP to indicate

reference of this Regulation].

Text Origin: Commission

Proposal

Article 28a(4)

G 269e

Where the release for free

circulation or export of a

product has been refused in

accordance with Article 19,

customs authorities shall

take the necessary measures

to ensure that the product

concerned is disposed of in

accordance with national law

consistent with Union law.

Articles 197 and 198 of

Regulation (EU) No

952/2013 shall apply

accordingly.

Moved reference text

3. Where the release for free

circulation or export of a

product has been refused in

accordance with Article

19paragraph 1, customs

authorities shall take the

necessary measures to

ensure thatdispose of the

product concerned is

disposed of in accordance

with national law

consistentin compliance

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

EP 20. Where the release

for free circulation or export

of a product has been

refused in accordance with

Article 19, customs

authorities in cooperation

with the Commission or the

competent authorities shall

take the necessary measures

to ensure that the product

concerned is donated to

charitable or public interest

purposes if it is perishable.

If such products are not

perishable, they should be

recycled, and if that is not

possible, they should be

3. Where the release for free

circulation or export of a

product has been refused in

accordance with Article

19paragraph 1, customs

authorities shall take the

necessary measures to

ensure thatdispose of the

product concerned is

disposed of in accordance

with national law

consistentin compliance

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 214 [214 - 269c]

disposed of in accordance

with national law consistent

with Union law. Articles 197

and 198 of Regulation (EU)

No 952/2013 shall apply

accordingly.

This paragraph is EP Article 20

Text Origin: Council

Mandate

Article 28a(5)

G 269f

4. Upon request of a

competent authority and on

behalf and under the

responsibility of that

competent authority,

customs authorities may

alternatively seize that

product and put it at the

disposal of and under the

authority of that competent

authority. In such cases,

that competent authority

shall take the necessary

measures to ensure that the

product concerned is

disposed of in accordance

with Article 24.

4. Upon request of a

competent authority and on

behalf and under the

responsibility of that

competent authority,

customs authorities may

alternatively seize that

product and put it at the

disposal of and under the

authority of that competent

authority. In such cases,

that competent authority

shall take the necessary

measures to ensure that the

product concerned is

disposed of in accordance

with Article 24.

Text Origin: Council

Mandate

Article 29

270

Article 29

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Committee procedure

Moved to row 276m [270 - 276m]

Article 29(1)

271

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Moved to row 276n [271 - 276n]

Article 29(2)

272

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Moved to row 276o [272 - 276o]

Article 29a

G 272a

Article 21

Exchange of information and

cooperation

Moved reference text

Article 2129a

Exchange of information and

cooperation

Moved from row 215 [215 - 272a]

EP Article 21

Exchange of information and

cooperation

Article 2129a

Exchange of information and

cooperation

Text Origin: Council

Mandate

Article 29a(1)

G 272b

1. To enable a risk-based

approach for products

1. To enable a risk-based

approachanalysis for

1. To enable a risk-based

approach for products

1. To enable a risk-based

approachanalysis for

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information.

Moved reference text

products entering or leaving

the Union market and to

ensure that controls are

effective and performed in

accordance with the

requirements of this

Regulation, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information.

Moved from row 216 [216 - 272b]

entering or leaving the

Union market and to ensure

that controls are effective

and performed in accordance

with the requirements of this

Regulation, the

Commission, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information, in

which the Commission will

take on a coordination role.

products entering or leaving

the Union market and to

ensure that controls are

effective and performed in

accordance with the

requirements of this

Regulation, the

Commission, competent

authorities and customs

authorities shall cooperate

closely and exchange risk-

related information, in

which the Commission will

take on a coordination role.

Text Origin: Auxiliary

Article 29a(2)

G 272c

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

Moved reference text

2. Cooperation among

authorities and exchange of

riskrisk-related information

necessary for the fulfilment

of their respective functions

under this Regulation,

including through electronic

means, shall take place

between the following

authoritiesin accordance

with Regulation (EU) No

952/2013:

Moved from row 217 [217 - 272c]

2. Cooperation among

authorities and exchange of

risk information necessary

for the fulfilment of their

respective functions under

this Regulation, including

through electronic means,

shall take place between the

following authorities:

2. Cooperation among

authorities and exchange of

riskrisk-related information

necessary for the fulfilment

of their respective functions

under this Regulation,

including through electronic

means, shall take place

between the following

authoritiesin accordance

with Regulation (EU) No

952/2013:

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 29a(2), point (a)

G 272d

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

Moved reference text

(a) between customs

authorities in accordance

with Article 46(5) of

Regulation (EU) No

952/2013;

Moved from row 218 [218 - 272d]

(a) customs authorities in

accordance with Article

46(5) of Regulation (EU) No

952/2013;

(a) between customs

authorities in accordance

with Article 46(5) of

Regulation (EU) No

952/2013;

Text Origin: Council

Mandate

Article 29a(2), point (b)

G 272e

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

Moved reference text

(b) between competent

authorities and customs

authorities in accordance

with Article 47(2) of

Regulation (EU) No

952/2013.

Moved from row 219 [219 - 272e]

(b) competent authorities

and customs authorities in

accordance with Article

47(2) of Regulation (EU) No

952/2013.

(b) between competent

authorities and customs

authorities in accordance

with Article 47(2) of

Regulation (EU) No

952/2013.

Text Origin: Council

Mandate

Chapter I

G 272f

Chapter VI

Final provisions

Chapter VI

Final provisions

Text Origin: Council

Mandate

Article 30

G 273

Article 30

EP Article 3025

Article 30 G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Penalties

Original Article 30 (from EP and Commission) moved to line 273e. Below lines are New Article 30 from the Council

Penalties Confidentiality

Text Origin: Council

Mandate

Article 30(-1)

G 273a

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation.

Moved reference text

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation,

unless otherwise required

by EU or national law in

compliancewith Union law..

Moved from row 254 [254 - 273a]

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation.

1. The competent authorities

shall only use information

received pursuant to this

Regulation for the purpose

of applying this Regulation,

unless otherwise required

by EU or national law in

compliance with Union

law..

Text Origin: Council

Mandate

Article 30(-1a)

G 273b

2. Member States and the

Commission, their officials

and other persons working

under their supervision

shall ensure the protection

of confidential information

acquired in application of

this Regulation in

accordance with the

relevant applicable rules.

To that end, they shall not

deleted

COM to redraft

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

disclose information

covered by the obligation of

professional secrecy that

they have acquired

pursuant to this Regulation.

Article 30(-1b)

G 273c

2. Where requested, the

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the

information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

Moved reference text

23. Where requested, the

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential, in accordance

with EU or national law in

compliance with Union law.

A request for confidentiality

shall be accompanied by a

non-confidential summary of

the information supplied or

by a statement of the reasons

why the information cannot

be summarised in a non-

confidential manner.

Moved from row 255 [255 - 273c]

2. Where requested, The

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the,

unless stated otherwise by

those who provide information supplied or by a

statement of the reasons why

the information cannot be

summarised in a non-

confidential manner.

2. Where requested, The

Commission, Member States

and competent authorities

shall treat the identity of

those who provide

information, or the

information provided, as

confidential. A request for

confidentiality shall be

accompanied by a non-

confidential summary of the

information supplied or by a

statement of the reasons

why, in accordance with EU

or national law in

compliance with Union law,

unless stated otherwise by

those who provided the

information cannot be

summarised in a non-

confidential manner.

Article 30(-1c)

G 273d

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

34. Paragraph 2 shall not

preclude the Commission

from disclosing general

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

3. Paragraph 2 shall not

preclude the Commission

from disclosing general

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Moved reference text

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Moved from row 256 [256 - 273d]

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

information in a summary

form, provided such general

information does not contain

any information which

allows the identification of

the provider of the

information. Such disclosure

of general information in a

summary form shall take

into account the legitimate

interest of the parties

concerned in preventing the

disclosure of confidential

information.

Text Origin: Auxiliary

Article 30(-1)

273e

EP Article 20

Penalties

Article 30(1)

274

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

Moved to row 276v [274 - 276v]

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30(2)

275

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

2. The penalties provided

for shall take the form of

pecuniary fines and be

effective, proportionate and

dissuasive.

Moved to row 276w [275 - 276w]

Article 30(3)

276

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

Moved to row 276u [276 - 276u]

Article 30(3a)

276a

3a. The Commission shall

be empowered to adopt

delegated acts in

accordance with Article 27

in order to supplement this

Regulation by establishing

further detailed conditions

applicable to the penalties

referred to in paragraph 1,

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

defining the method for

calculating financial

penalties and the thresholds

applicable, when such

penalties are to be used, and

specifying mitigating and

aggravating circumstances.

The first delegated act shall

be adopted by ... [6 months

from the entry into force of

this Regulation].

Article 30a

G 276b

Article 34

Penalties

EP Article 30

Penalties

Article 34

Penalties

Text Origin: Council

Mandate

Article 30a(1)

G 276c

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

Moved reference text

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article

6(4)20(4) and shall take all

measures necessary to

ensure that they are

implemented in accordance

with national law.

Moved from row 274 [274 - 276c]

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

1. The Member States shall

lay down the rules on

penalties applicable to non-

compliance with a decision

referred to in Article 6(4)20

and shall take all measures

necessary to ensure that they

are implemented in

accordance with national

law.

Text Origin: Council

Mandate

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30a(2)

G 276d

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

Moved reference text

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

Competent authorities shall

ensure that the penalties

referred to in paragraph 1

give due regard to the

following, as applicable: Moved from row 275 [275 - 276d]

2. The penalties provided

for shall take the form of

pecuniary fines and be

effective, proportionate and

dissuasive.

2. The penalties provided

for shall be effective,

proportionate and dissuasive.

Competent authorities shall

ensure that the penalties

referred to in paragraph 1

give due regard to the

following, as applicable:

Text Origin: Council

Mandate

Article 30a(2), point (a)

G 276e

(a) the gravity and duration

of the infringement;

(a) the gravity and duration

of the infringement;

Text Origin: Council

Mandate

Article 30a(2), point (b)

G 276f

(b) any relevant previous

infringements by the

economic operator;

(b) any relevant previous

infringements by the

economic operator;

Text Origin: Council

Mandate

Article 30a(2), point (c)

G 276g G

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

(c) the degree of

cooperation with the

competent authorities;

(c) the degree of

cooperation with the

competent authorities;

Text Origin: Council

Mandate

Article 30a(2), point (d)

G 276h

(d) any other mitigating or

aggravating factor

applicable to the

circumstances of the case,

such as financial benefits

gains, or losses avoided,

directly or indirectly, from

the infringement.

(d) any other mitigating or

aggravating factor

applicable to the

circumstances of the case,

such as financial benefits

gains, or losses avoided,

directly or indirectly, from

the infringement.

Text Origin: Council

Mandate

Article 30a(3)

G 276i

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

Moved reference text

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified of those rules and

of those measures, and shall

notify it, without delay, of

any subsequent amendment

affecting them.

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified, and shall notify it,

without delay, of any

subsequent amendment

affecting them.

3a. The Commission shall

3. The Member States shall,

by [OP enter DATE = 24

months from entry into force

of this Regulation], notify

those provisions to the

Commission, where they

have not previously been

notified of those rules and

of those measures, and shall

notify it, without delay, of

any subsequent amendment

affecting them.

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Moved from row 276 [276 - 276j]

be empowered to adopt

delegated acts in

accordance with Article 27

in order to supplement this

Regulation by establishing

further detailed conditions

applicable to the penalties

referred to in paragraph 1,

defining the method for

calculating financial

penalties and the thresholds

applicable, when such

penalties are to be used, and

specifying mitigating and

aggravating circumstances.

The first delegated act shall

be adopted by ... [6 months

from the entry into force of

this Regulation].

3a. Member States, when

laying down rules on

applicable penalties in

accordance with

paragraphs 1 and 2, shall

take utmost account of the

guidance referred to in

Article [article on

guidance].

Text Origin: Council

Mandate

Article 30a(4)

G 276j

2a. The pecuniary penalties

provided by this article shall

amount to not more than

[5%] of the economic

operator’s total annual

Union-wide turnover in the

financial year preceding the

fining decision, calculated

in accordance with the

calculation of aggregate

turnover for undertakings

laid down in Article 5(1) of

Council Regulation (EC)

No 139/2004 1.

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

_________ 1. [1] Council Regulation

(EC) No 139/2004 of 20 January

2004 on the control of

concentrations between

undertakings (the EC Merger

Regulation), OJ L 024 ,

29.01.2004, p. 1.

Article 30c

G 276k

Article 35

Review

EP Article 30a

Evaluation and review

Article 35

Evaluation and review

Text Origin: Auxiliary

Article 30a(4), point (a)

R 276l

By 5 years after the start of

the application of this

Regulation and every 5

years thereafter, the

Commission shall carry out

an evaluation of the

enforcement and the

implementation of the

Regulation. The

Commission shall present a

report on the main findings

to the European Parliament

and the Council. The

evaluation shall in

particular include an

assessment of:

1. By ... [one year after the

date of application] and

every four years thereafter,

the Commission shall carry

out an evaluation of this

Regulation taking account

of its objectives and shall

submit a report thereon to

the European Parliament,

to the Council and to the

European Economic and

Social Committee.

2. The report shall

assess whether and how this

Regulation achieved its

objectives, in particular

with regard to:

1. By [X] years after the

start of the application of

this Regulation and every 5

years thereafter, the

Commission shall carry out

an evaluation of the

enforcement and the

implementation of the

Regulation. The

Commission shall present a

report on the main findings

to the European

Parliament, the Council

and to the European

Economic and Social

Committee. The evaluation

shall in particular include

an assessment of:

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

i) the reduction of the

number of products made

with forced labour on the

Union market;

ii) the improvement of

cooperation between

competent authorities and

strengthening the controls

on products entering the

Union market;

iii) the impact on

businesses, and in

particular on SMEs, of the

administrative procedures

related to the investigations

and decisions;

iv) the cost of

compliance for economic

operators, and in particular

SMEs;

v) the impact on the

competitiveness of

companies operating in the

internal market;

vi) the impact on trade;

vii) the alignment with

other relevant Union

legislation;

viii) the contribution to

fight forced labour globally;

ix) the overall cost-

benefit and effectiveness of

the ban.

3. The report shall be

accompanied, where

appropriate, by a legislative

(a) whether the

mechanism in place

effectively contributes to the

objectives of the Regulation,

as set out in Article 1,

namely the elimination of

products made with forced

labour from the internal

market and the contribution

to fight forced labour;

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

proposal.

4. The report shall also

assess whether the scope

should be enlarged to

include services ancillary to

the extraction, harvesting,

production or

manufacturing of products.

5. The Commission

shall continuously monitor

the impact of this

Regulation on victims of

forced labour, also paying

particular regard to the

situation of women and

children. The monitoring

shall be based on a

scientific and transparent

methodology and shall take

into account information

provided by stakeholders.

Article 30a(4), point (b)

G 276m

(a) whether the mechanism

in place effectively

contributes to the objectives

of the Regulation, as set out

in Article 1;

(b) the cooperation between

competent authorities,

including within the

Network, as well as all other

relevant authorities in

applying the Regulation;

(c) the effectiveness of

international cooperation to

contribute to the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

elimination of forced labour

from global supply chains;

(d) the impact on

businesses, and in

particular on SMEs,

including on their

competitiveness of the

procedures related to the

investigations and

decisions;

(e) the cost of compliance

for economic operators, and

in particular SMEs;

(g) the overall cost-

benefit and effectiveness of

the prohibition.

Where the Commission

finds it appropriate, the

report shall be accompanied

by a legislative proposal for

amendment of the relevant

provisions of this

Regulation.

Article 30a(4), point (c)

R 276n

(b) the effectiveness of

international cooperation to

contribute to the

elimination of forced labour

from global supply chains;

2. The report shall also

assess whether the scope

should be enlarged to

include services ancillary to

the extraction, harvesting,

production or

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

manufacturing of products.

3. As part of the

assessment under

paragraph 1 point (a), the

report shall cover the

impact of the Regulation on

victims of forced labour,

with particular regard to the

situation of women and

children. The assessment of

this impact shall be based

on regular monitoring of

information from

international organisations

and relevant stakeholders.

Recital on : the alignment

with other relevant Union

legislation;

Article 30a(4), point (d)

G 276o

(c) the impact on

businesses, and in

particular on SMEs, of the

procedures related to the

investigations and

decisions;

deleted

Article 30a(4), point (e)

G 276p

(d) the cooperation between

competent authorities,

including within the

deleted

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Network, as well as all other

relevant authorities in

applying the Regulation;

Article 30a(4), point (f)

G 276q

(e) the overall cost-benefit

and effectiveness of the

prohibition.

deleted

Article 30b

G 276r

Article 27

Delegated Acts and Exercise

of the Delegation

Moved reference text

Article 2731

Delegated Acts and Exercise

of the Delegation

Moved from row 260 [260 - 276s]

EP Article 27

Delegated Acts and Exercise

of the Delegation

Article 2731

Delegated Acts and Exercise

of the Delegation

Text Origin: Council

Mandate

Article 30b(1)

G 276s

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

1. The power to adopt

delegated acts is conferred

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

on the Commission subject

to the conditions laid down

in this Article.

Moved reference text

on the Commission subject

to the conditions laid down

in this Article.

Moved from row 261 [261 - 276t]

on the Commission subject

to the conditions laid down

in this Article.

on the Commission subject

to the conditions laid down

in this Article.

Text Origin: Commission

Proposal

Article 30b(1), point (a)

R 276t

2. The power to adopt

delegated acts referred to in

Article 16(1) shall be

conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

Moved reference text

2. The power to adopt

delegated acts referred to in

Article 16(1)26(1) shall be

conferred on the

Commission for an

indeterminate period of time

fromfive years from [OP

ENTRY DATE = date of

entry force of this

Regulation]. The

Commission shall draw up

a report in respect of the

delegation of power not

later than nine months

before the end of the five-

year period. The delegation

of power shall be tacitly

extended for periods of an

identical duration, unless

the European Parliament or

the Council opposes such

extension not later than

three months before the end

of each period.

Moved from row 262 [262 - 276u]

2. The power to adopt

delegated acts referred to in

Article 11a, Article 16(1),

and in Article 30(4)16(1)

shall be conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

2. The power to adopt

delegated acts referred to in

Article 16(1)[11a], Article

26(1), and in Article [34(4)] shall be conferred on the

Commission for an

indeterminate period of time

from date of entry force of

this Regulation.

Text Origin: Auxiliary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30c(1)

R 276u

3. The delegation of power

referred to in Article 16(1)

may be revoked at any time

by the European Parliament

or by the Council. A

decision to revoke shall put

an end to the delegation of

the power specified in that

decision. It shall take effect

the day following the

publication of the decision in

the Official Journal of the

European Union or at a later

date specified therein. It

shall not affect the validity

of any delegated acts already

in force.

Moved reference text

3. The delegation of power

referred to in Article

16(1)26(1) may be revoked

at any time by the European

Parliament or by the

Council. A decision to

revoke shall put an end to

the delegation of the power

specified in that decision. It

shall take effect the day

following the publication of

the decision in the Official

Journal of the European

Union or at a later date

specified therein. It shall not

affect the validity of any

delegated acts already in

force.

Moved from row 263 [263 - 276v]

3. The delegation of power

referred to in Article 11a,

Article 16(1) and in Article

30(4)16(1) may be revoked

at any time by the European

Parliament or by the

Council. A decision to

revoke shall put an end to

the delegation of the power

specified in that decision. It

shall take effect the day

following the publication of

the decision in the Official

Journal of the European

Union or at a later date

specified therein. It shall not

affect the validity of any

delegated acts already in

force.

Article 30c(2)

G 276v

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

4. Before adopting a

delegated act, the

Commission shall consult

experts designated by each

Member State in accordance

with the principles laid down

in the Interinstitutional

Agreement on Better Law-

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Moved reference text

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Moved from row 264 [264 - 276w]

Making of 13 April 201611.

_________

1. Interinstitutional

Agreement between the

European Parliament, the

Council of the European

Union and the European

Commission on Better Law-

Making (OJ L 123,

12.5.2016, p. 1)

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Making of 13 April 20161.

_________ 1. Interinstitutional Agreement

between the European Parliament,

the Council of the European Union

and the European Commission on

Better Law-Making (OJ L 123,

12.5.2016, p. 1)

Text Origin: Council

Mandate

Article 30c(3)

G 276w

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Moved reference text

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Moved from row 265 [265 - 276x]

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

5. As soon as it adopts a

delegated act, the

Commission shall notify it

simultaneously to the

European Parliament and to

the Council.

Text Origin: Auxiliary

Article 30c(6)

R 276x

6. A delegated act adopted

pursuant to Article 16(1)

shall enter into force only if

no objection has been

6. A delegated act adopted

pursuant to Article

16(1)26(1) shall enter into

force only if no objection

6. A delegated act adopted

pursuant to Article 11a,

Article 16(1) and in Article

30(4)16(1) shall enter into

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

expressed either by the

European Parliament or the

Council within a period of

two months of notification

of that act to the European

Parliament and the Council

or if, before the expiry of

that period, the European

Parliament and the Council

have both informed the

Commission that they will

not object. That period shall

be extended by two months

at the initiative of the

European Parliament or of

the Council.

Moved reference text

has been expressed either by

the European Parliament or

the Council within a period

of two months of

notification of that act to the

European Parliament and the

Council or if, before the

expiry of that period, the

European Parliament and the

Council have both informed

the Commission that they

will not object. That period

shall be extended by two

months at the initiative of

the European Parliament or

of the Council.

Moved from row 266 [266 - 276y]

force only if no objection

has been expressed either by

the European Parliament or

the Council within a period

of two months of

notification of that act to the

European Parliament and the

Council or if, before the

expiry of that period, the

European Parliament and the

Council have both informed

the Commission that they

will not object. That period

shall be extended by two

months at the initiative of

the European Parliament or

of the Council.

Article 30d

G 276y

Article 28

Urgency procedure

Moved reference text

Article 2832

Urgency procedure

Moved from row 267 [267 - 276z]

EP Article 28

Urgency procedure

Article 2832

Urgency procedure

Text Origin: Council

Mandate

Article 30d(1)

G 276z

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

1. Delegated acts adopted

under this Article shall enter

into force without delay and

shall apply as long as no

objection is expressed in

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

Moved reference text

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

Moved from row 268 [268 - 276aa]

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

accordance with paragraph

2. The notification of a

delegated act to the

European Parliament and to

the Council shall state the

reasons for the use of the

urgency procedure.

Text Origin: Auxiliary

Article 30d(2)

G 276aa

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Moved reference text

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6)31(6). In such

a case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Moved from row 269 [269 - 276ab]

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6). In such a

case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

2. Either the European

Parliament or the Council

may object to a delegated act

in accordance with the

procedure referred to in

Article 27 (6)[31(6)]. In such

a case, the Commission shall

repeal the act immediately

following the notification of

the decision to object by the

European Parliament or by

the Council.

Text Origin: Council

Mandate

Article 30e

Y 276ab

Article 29

Committee procedure

Moved reference text

Article 2933

Committee procedure

Moved from row 270 [270 -

EP Article 29

Committee procedure

Article 2933

Committee procedure

Text Origin: Council

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

276ac]

Mandate

Article 30e(1)

Y 276ac

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Moved reference text

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Moved from row 271 [271 - 276ad]

1. The Commission shall be

assisted by a committee.

That committee shall be a

committee within the

meaning of Article 3(2) of

Regulation (EU) No

182/2011.

Article 30e(1)

G 276ad

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Moved reference text

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Moved from row 272 [272 - 276ae]

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

2. Where reference is made

to this paragraph, Article 5

of Regulation (EU) No

182/2011 shall apply.

Text Origin: Commission

Proposal

Article 30e(2)

Y 276ae

Where the committee

delivers no opinion, the

Commission shall not adopt

the draft implementing act

and the third subparagraph

of Article 5(4) of Regulation

(EU) No 182/2011 shall

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

apply.

Article 30f

G 276af

Article 33a

Amendment to Directive

(EU) No 2019/1937

EP Article 26a

Amendment of Directive

(EU) 2019/1937

Article 33a

Amendment to Directive

(EU) No 2019/1937

Text Origin: Council

Mandate

Article 30f(1)

G 276ag

In Point C.1 of Part I of the

Annex to Directive (EU) No

2019/1937, the following

point is added:

In Part I.C.1 of the Annex

to Directive (EU)

2019/1937, the following

point is added:

In Part I.C.1 of the Annex

to Directive (EU)

2019/1937, the following

point is added:

Text Origin: Auxiliary

Article 30f(2)

G 276ah

‘(iv) [Regulation XXX…and

amending Directive (EU)

2019/1937]’.

‘(iv) Regulation (EU)

XXXX/XXXX of the

European Parliament and

of the Council of [date] on

prohibiting products made

with forced labour on the

Union market and

amending Directive (EU)

2019/1937.’

‘(iv) Regulation (EU)

XXXX/XXXX of the

European Parliament and

of the Council of [date] on

prohibiting products made

with forced labour on the

Union market and

amending Directive (EU)

2019/1937.’

Text Origin: Auxiliary

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Article 30a

276ai

Article 30a

Evaluation and review

1. By ... [one year

after the date of

application] and every four

years thereafter, the

Commission shall carry out

an evaluation of this

Regulation taking account

of its objectives and shall

submit a report thereon to

the European Parliament,

to the Council and to the

European Economic and

Social Committee.

2. The report shall

assess whether and how this

Regulation achieved its

objectives, in particular

with regard to:

i) the reduction of the

number of products made

with forced labour on the

Union market;

ii) the improvement of

cooperation between

competent authorities and

strengthening the controls

on products entering the

Union market;

iii) the impact on

businesses, and in

particular on SMEs, of the

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

administrative procedures

related to the investigations

and decisions;

iv) the cost of

compliance for economic

operators, and in particular

SMEs;

v) the impact on the

competitiveness of

companies operating in the

internal market;

vi) the impact on

trade;

vii) the alignment with

other relevant Union

legislation;

viii) the contribution to

fight forced labour globally;

ix) the overall cost-

benefit and effectiveness of

the ban.

3. The report shall be

accompanied, where

appropriate, by a legislative

proposal.

4. The report shall

also assess whether the

scope should be enlarged to

include services ancillary to

the extraction, harvesting,

production or

manufacturing of products.

5. The Commission

shall continuously monitor

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

the impact of this

Regulation on victims of

forced labour, also paying

particular regard to the

situation of women and

children. The monitoring

shall be based on a

scientific and transparent

methodology and shall take

into account information

provided by stakeholders.

Article 31

G 277

Article 31

Entry into force and date of

application

Article 31

Entry into force and date of

application

Article 3136

Entry into force and date of

application

Article 31

Entry into force and date of

application

Text Origin: Council

Mandate

Article 31, first paragraph

G 278

This Regulation shall enter

into force on the day

following that of its

publication in the Official

Journal of the European

Union.

This Regulation shall enter

into force on the day

following that of its

publication in the Official

Journal of the European

Union.

This Regulation shall enter

into force on the twentieth

day following that of its

publication in the Official

Journal of the European

Union.

This Regulation shall enter

into force on the day

following that of its

publication in the Official

Journal of the European

Union.

Text Origin: Commission

Proposal

Article 31, second paragraph

R 279 R

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

This Regulation shall apply

from [OP enter DATE = 24

months from its entry into

force].

This Regulation shall apply

from [OP enter DATE = 24

months from its entry into

force].

This RegulationIt shall apply

from [OP enter DATE =

2436 months from its entry

into force].

Article 31, second paragraph a

R 279a

However, Articles 5(3), 9,

10(4), 11, 33 and 34(3) shall

apply from [OP enter DATE

= entry into force].

Article 31, third paragraph

G 280

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

This Regulation shall be

binding in its entirety and

directly applicable in all

Member States.

Text Origin: Commission

Proposal

Formula

G 281

Done at Brussels,

Text Origin: Commission

Proposal

Formula

G 282

For the European Parliament

Text Origin: Commission

Proposal

Commission Proposal EP Mandate Council Mandate Auxiliary 1 Draft Agreement

Formula

G 283

The President

Text Origin: Commission

Proposal

Formula

G 284

For the Council

Text Origin: Commission

Proposal

Formula

G 285

The President

Text Origin: Commission

Proposal