EU publishes guidelines enforcing forced labour product ban

The European Commission has published its guidelines on the application of Regulation (EU) 2024/3015, which prohibits economic operators from placing products made with forced labour on the EU market and from exporting them from it. The Commission Notice, issued as C/2026/4637, appears in the Official Journal of the European Union (C series) of 3 September 2026 and fulfils the obligation laid down in Article 11 of the Forced Labour Regulation.

The rules will apply to all products placed or made available on the EU market as from 14 December 2027, even if the products or their components were produced or imported before that date. The guidelines are addressed to competent authorities, customs authorities, economic operators, consumer associations, civil society organisations, trade unions and other stakeholders, and also apply in Iceland, Liechtenstein and Norway under the EEA Agreement and in Northern Ireland under the Windsor Framework.

Scope of the ban

The Regulation covers all products made “in whole or in part” with forced labour at any stage of extraction, harvesting, production or manufacturing, regardless of origin, type or sector. The definition of product is wider than under the New Legislative Framework, extending to agricultural products and extracted goods such as minerals and raw materials.

• Products offered for sale online and targeted at end users in the EU also fall within scope.
• The provision of services, including transport, warehousing and logistics, is excluded.
• The ban is unconditional and absolute, and does not cover the withdrawal of products already sold to end users.

Defining forced labour

The guidelines adopt the definition of forced labour from ILO Convention No 29 (1930), built on three elements: work or service, lack of voluntary consent, and coercion. Forced labour is divided into privately imposed forced labour, state-imposed forced labour (SIFL) and forced child labour.

• Privately imposed forced labour affects industry, services, agriculture and domestic work.
• State-imposed forced labour arises from national laws, policies or practices and is barred under ILO Convention No 105.
• Forced child labour covers work performed by anyone under 18 under coercion or in the worst forms of child labour under ILO Convention No 182.

Investigation and enforcement

Investigations are led by a competent authority: the Commission when the suspected forced labour occurs outside the EU, or a Member State authority when it occurs on its territory. A risk-based approach prioritises cases using three criteria: the scale and severity of the suspected forced labour, the quantity or volume of affected products on the EU market, and the share of the part made with forced labour in the final product.

• Member States must notify their rules on financial penalties to the Commission by 14 December 2026.
• Penalties apply for failure to comply with a ban-violation decision, not for the ban itself.
• Customs authorities enforce decisions at the borders, with refusal, seizure and disposal of banned products.
• Information on possible violations can be submitted via the Forced Labour Single Portal from 14 December 2027.

The guidelines were developed in consultation with interested parties, including a call for evidence that received 160 contributions. They clarify how due diligence can help companies comply, while stressing that the Regulation imposes an obligation of result and does not itself mandate specific due diligence duties.

For importers, manufacturers and retailers selling in the EU, the guidelines set out the practical roadmap for compliance, investigation and penalties ahead of the December 2027 application date, making the fight against forced labour a binding condition of access to the single market.

Source: Official Journal of the European Union, C series, 3.9.2026 (official reference: C/2026/4637).