NOTE
Date
Document ID: 8690162
Initialer-CHATHU
Danish Government response to the call for evidence regarding the in-
itiative “Effectively banning products produced,
extracted or har-
vested with forced labour”
The Danish Government finds that ending forced labour is an area of
great importance and the Danish Government is already promoting decent
work worldwide and supports the Commission’s objective with this initi-
ative.
Denmark finds that ending forced labour is an important part of the sus-
tainable transition, which is also underlined by the fact that ending forced
labour is a central part of the Sustainable Development Goals. While end-
ing forced labour is a matter of great significance it is also a complex
challenge.
Forced labour may occur deep down a company’s value chain
and might happen in third countries not subject to the same regulation as
companies in the EU. Moreover, it is difficult to assess whether a product
itself has been produced, extracted, or harvested with forced labour, as
the product itself does not carry signs indicating the use of forced labour.
This means that the regulation should be clear for businesses and be fol-
lowed by guidance and tools for companies to support the implementa-
tion of the ban.
While welcoming the initiative the Danish Government would also like to
note the following considerations:
•
assess and address market surveillance challenges;
•
ensure consistency with other EU-legislation and the rules of the
World Trade Organization;
•
have a due legislative process that will allow for a solid legal foun-
dation.
Market surveillance challenges
It is expected that control of products that are produced, extracted, or har-
vested under certain conditions will fall under the jurisdiction of market
surveillance authorities. However, there are several unanswered questions
regarding such product controls. In terms of the wording used in the call
for evidence, it is expected that the control implies an extensive market
surveillance
of selected products’ value chains. This would be a control
competence currently not present in the Danish market surveillance sys-
tem. Hence, it will be important to assess the market surveillance chal-
lenges this initiative will pose, to be able to address possible inconsisten-
cies and choose the most effective and efficient approach.