Considerations on COM(2014)563 - Authorisation of Member States to ratify the Protocol of 2014 to the Forced Labour Convention on matters related to social policy

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dossier COM(2014)563 - Authorisation of Member States to ratify the Protocol of 2014 to the Forced Labour Convention on matters related to social ...
document COM(2014)563 EN
date November 10, 2015
 
table>(1)The Union is promoting the ratification of international labour conventions, classified by the International Labour Organisation (ILO) as up to date, to contribute to the Union's efforts to promote human rights and decent work for all and to eradicate trafficking in human beings both inside and outside the Union. The protection of fundamental principles and rights at work is a key aspect of that promotion.
(2)The Forced Labour Convention, 1930, of the International Labour Organisation, which the Protocol of 2014 supplements, is a fundamental ILO Convention and has a bearing on rules which make reference to core labour standards.

(3)Parts of the rules provided for in the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation (‘the Protocol’) fall within Union competence in accordance with Article 153(2) of the Treaty on the Functioning of the European Union (TFEU). In particular, some of the rules provided for in the Protocol are already covered by Union acquis in the area of social policy. In that regard, Articles 1(1), 2(a) and 2(d) of the Protocol, in particular, concern matters covered by Council Directive 91/533/EEC (1), Directive 2008/104/EC of the European Parliament and of the Council (2), as well as Directives on health and safety at work, including Council Directive 89/391/EEC (3), Directive 2003/88/EC of the European Parliament and of the Council (4), Council Directive 94/33/EC (5) and Council Directive 92/85/EEC (6).

(4)Article 19(4) of the ILO Constitution, on the adoption and ratification of Conventions, similarly applies to Protocols, which are binding international agreements, subject to ratification and linked to Conventions.

(5)The Union cannot ratify the Protocol as only States can be parties thereto.

(6)Member States should therefore be authorised to ratify the Protocol, acting jointly in the interests of the Union, with regard to those parts falling within Union competence in accordance with Article 153(2) TFEU.

(7)The parts of the Protocol falling within the competence conferred upon the Union, other than the parts related to social policy, will be subject to a Decision adopted in parallel to this Decision,