BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
on or exported from the EU market. The regula - tion defines forced labour in accordance with ILO Convention No 29 as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” The FLR applies to any product made using forced labour at any stage of the supply chain, including extraction, harvesting, production and manufacturing. It also applies to online plat - forms. The regulation is binding on all businesses, regardless of size. However, enforcement authorities are instructed to consider the size and resources of companies, particularly SMEs, when conducting evaluations and investigations. Importantly, this regulation does not impose obli - gations regarding due diligence. The European Commission made this decision to avoid over - laps with existing legislation. The FLR should be viewed as complementary to other regulations, such as the new EU Corporate Sustainability Due Diligence Directive (CSDDD) and other rel - evant laws. Within the legal framework of the CSDDD, companies are required to establish a due diligence system. If this system indicates the presence of forced labour, the FLR will also apply. Companies must cooperate if the competent authority initiates a preliminary investigation into their products. They will be required to provide information and prove that their products are not made with forced labour. The method of proof does not necessarily have to involve a due dili - gence system. If a company provides sufficient evidence, no formal investigation will be initiat - ed. If not, a thorough investigation into the activi - ties within the supply chain will be conducted.
The regulation was formally adopted by the Council on 19 November 2024 and subsequent - ly published in the Official Journal of the Euro - pean Union on 12 December 2024. It officially entered into force on 13 December 2024 and will become directly applicable in all EU member states three years after entry into force, ie, from The Belgian Criminal Code criminalises human trafficking and the exploitation of vulnerable individuals, including sexual exploitation (Article 433quinquies). This stems from the Anti-Human Trafficking Act of 10 August 2005, which trans - posed the EU Anti-Trafficking Directive into national law. The law covers both domestic traf - ficking and trafficking from abroad. 13 December 2027. Human Trafficking Belgium adopts a multidisciplinary approach through the Interdepartmental Coordination Unit for the Fight against Human Trafficking, which collaborates with social inspection services such as the National Social Security Office and the Federal Public Service Employment. These ser - vices conduct targeted inspections to combat forced labour. Social inspectors play a crucial role in informing and guiding victims of human trafficking, especially from third countries. Train - ing and awareness campaigns are essential to recognise and protect potential victims. The revised EU Anti-Trafficking Directive, which introduced stronger rules, entered into force on 14 July 2024. Member states have two years (until July 2026) to transpose these into national law. It remains to be seen what impact this will have on the legal framework in Belgium. Additionally, on 1 December 2024, the Act of 3 May 2024 containing provisions on sex work under employment contract entered into force.
16
CHAMBERS.COM
Powered by FlippingBook