Hong Kong Watch welcomes EU Parliament and Council agreement to ban products made with forced labour

This week, the European Parliament and Council reached a provisional agreement on the European Commission’s proposal for a regulation on ‘Prohibiting products made with forced labour on the Union market’. The proposal relates to the EU’s fundamental freedoms and export and import controls, as well as the human rights situation and democracy worldwide. 

The regulation would establish a framework to enforce a ban on the import and export of products made with forced labour, including through investigations, new information technology (IT) solutions, and cooperation with other countries and authorities. According to the agreement, the national authorities of EU member states or, if the instance occurs outside of EU territory, the EU Commission, will investigate whether companies’ supply chains use forced labour. In cases where forced labour is used, authorities will be able to demand the withdrawal of products from the EU market and confiscate them at the borders. Businesses which do not comply will face a fine.

The agreement sets four criteria for the EU Commission and national authorities to consider when assessing violations of this regulation, including the scale and severity of the forced labour. The agreement also requires the EU Commission to list particular economic sectors in particular geographical locations where state-imposed forced labour exists, as well as to establish a regularly updated database with information on forced labour risks.

The provisional agreement must now be formally approved by the European Parliament and Council to be implemented across all EU member states. EU member states will thereafter have three years to begin applying the rules.

The European Council initially adopted its position on the proposal on 26 January 2024, one week after Hong Kong Watch published a briefing which exposes how Huawei and BYD are connected to Hong Kong, where the rule of law is quickly deteriorating, as well as Xinjiang, where the EU recognises evidence of forced labour and crimes against humanity from the United Nations. In the briefing, Hong Kong Watch calls on the European Parliament and Council to adopt the European Commission’s proposal for a regulation on forced labour, which should effectively ban Huawei and BYD products and factories from entering the EU market due to their connection to forced labour in Xinjiang.

In 2022, Hong Kong Watch found that a number of pension funds may be passively invested in at least 13 China-based companies where there is credible evidence of involvement in Uyghur forced labour programs and construction of internment camps in Xinjiang.

Hong Kong Watch Patron Miriam Lexmann MEP said: 

“As the European Parliament Committee on Employment and Social Affairs Shadow Rapporteur, I sincerely welcome the political decision on the ban on products made with forced labour. Such products have no place in our markets. We have a moral duty to protect the most vulnerable.”

Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said:

“Hong Kong Watch welcomes the European Parliament and Council working together to provisionally pass a regulatory framework to ban products made with forced labour. This is an important step to hold EU companies and their national partners to a higher standard to safeguard human rights in Xinjiang, Hong Kong and around the world. Neither the Chinese Communist Party, nor any other authoritarian regime, should be permitted to import or export forced labour to the EU market.”

香港監察歡迎歐洲議會、歐盟理事會達成臨時協議 禁止強迫勞動產品進入歐盟市場

本週，歐洲議會和歐盟理事會就歐盟委員會的《禁止強迫勞動製造的產品進入歐盟市場》法規提案達成臨時協議。有關提案涉及歐盟的基本自由和進出口管制，以及全世界的人權狀況和民主。

這項臨時協議必須獲得歐洲議會和歐盟理事會正式批准，方可在所有歐盟成員國實施。歐盟成員國之後將有三年時間開始執行相關規則。

歐盟理事會最初在2024年1月26日通過支持有關提案的立場，一週前香港監察曾發表簡報，揭示中國企業華為和比亞迪與香港及新疆的關係；香港的法治正迅速惡化，而歐盟認可聯合國所提供新疆強迫勞動和危害人類罪的證據。香港監察在簡報中呼籲歐洲議會和歐盟理事會通過歐盟委員會的強迫勞動監管提案，以華為和比亞迪牽涉新疆強迫勞動為由，有效禁止其產品和工廠進入歐盟市場。

2022年，香港監察研究發現，若干退休基金可能間接投資至少13家有可信證據證明參與維吾爾強迫勞動和在新疆設立拘留營的中國公司。

香港監察贊助人、歐洲議會議員Miriam Lexmann MEP表示：

「身為歐洲議會就業與社會事務委員會影子報告員，我衷心歡迎禁止強迫勞動製造產品的政治決定。這類產品不能在歐盟市場上存在，我們有道德責任保護弱勢族群。」

香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）表示：

「香港監察歡迎歐洲議會和歐盟理事會合作，初步通過監管框架，禁止強迫勞動製造產品。這是重要一步，讓歐盟企業及其國家合作夥伴以更高標準捍衛新疆、香港乃至世界各地的人權。無論是中國共產黨，還是任何其他威權政體，都不應獲准向歐盟市場輸入或輸出強迫勞動產品。」