Brussels, January 11, 2024
From the solar manufacturing industry:
We Demand a Robust Forced Labour Regulation
Dear European Legislators,
Ahead of the interinstitutional negotiations on the Regulation on prohibiting products made with forced
labour (COM 2022 453) we — representatives of the European solar manufacturing industry — are asking
you to adopt a robust regulation as soon as possible that leaves no room for forced labour. This is essential
for upholding the values of human rights and preventing the closure of European PV manufacturing
companies.
Since 2021, the solar industry has been in the spotlight as reports alleged that some of the world’s largest
solar manufacturers are complicit in the Chinese’s government’s persecution programs of Uyghur minorities
in Xinjiang, China. While many associate forced labour primarily with cotton and textiles from Xinjiang, the
reality is that the region also accounts for about one-third of the world’s polysilicon production. Polysilicon
which is used in Chinese-made solar panels, including those exported to Europe. It is for this reason that the
2023 Global Slavery Index stated that solar panels represent the fourth highest at-risk good for forced labour
that is imported by the G20.
Reports by human rights and forced labour experts in the academia have presented strong evidence tying
many of the world’s largest solar manufacturers — all headquartered in China — with the use of re-education
camps and labour transfer programs operated by the Xinjiang provincial government. As a matter of fact, a
report by Sheffield Hallam University published earlier this year notes that solar supply chains have only
become increasingly opaque since the original allegations.
The role of forced labour in the context of unsustainably low prices of Chinese-made solar PV modules and
inverters should not be overlooked. Without EU regulations to scrutinize imports of goods produced with
forced labour in any part of the value chain, this issue also poses a threat to European PV manufacturers
adhering to higher social and environmental standards. Consequently, it undermines Europe's endeavours
to ensure that its energy transition is fair, resilience and in accordance with the key European values and
principles.
Forced labour products should have no place on the European market. Consequently, we ask you to adopt
the forced labour regulation by including these key priorities:
- Shift the burden of proof to companies in cases of alleged forced labour. For products coming
from high-risk areas and especially in the cases of state-sponsored forced labour, economic
operators should bear the burden of establishing that forced labour has not been used at any stage
of extraction, harvest, production, or manufacture of a product, including working or processing
related to the product.
- Support the proposal from the European Parliament on giving the European Commission
similar mandate as “competent authorities”. This would include the possibility to the European
Commission to initiate investigations about suspected forced labour and ultimately prohibit
products made with forced labour. Granting such authority to the European Commission would
make the regulation more effective in preventing European market from forced labour made
products.
- An expedited implementation is essential. Each month without EU-wide import legislation against
forced labour produced goods prolongs the suffering of workers world-wide and poses a threat to
European businesses. Therefore, we strongly urge you to aim for a shorter implementation process
than the 24 months proposed by the European Commission and the 18 months proposed by the
European Parliament, respectively.
- Avoid recognizing unproven industry schemes. While credible multi-stakeholder industry
schemes exist and play an important role in the due diligence process, unproven industry schemes
that do not engage with workers should not be deemed sufficient to ward off an investigation.
- Recognize that disengagement is the only option in cases of state-sponsored forced labour.
Companies have a responsibility to bring forced labour to an end and should use disengagement as
a last resort, except in cases of state-sponsored forced labour where companies do not have
leverage and lack the ability to conduct human rights due diligence. In such cases, disengagement is
the only option. Supply chain bifurcation does not eradicate forced labour and allows companies to
continue sourcing from regions with state-sponsored forced labour.
While the solar industry is at the forefront of the fight against climate change, this does not offset its social
and human rights obligations. We state unequivocally that Europe’s clean energy transition must not be built
on the backs of the Uyghur people and on the basis of crimes against humanity. We are kindly requesting
your urgent, ambitious, and adequate response to this through a robust European forced labour regulation.
Kind regards,
European manufacturers in the PV value chain
Johan Lindahl Erik Løkke-Øwre Benjamin Trinkerl
Secretary General CEO CEO
European Solar Manufacturing Norsun AS Heckert Solar GmbH
Council
Anja Lange Julius Sakalauskas David Salvo
Managing Director CEO CEO
First Solar GmbH SoliTek Cells JSC Power Electronics
Pierre-Emmanuel Martin Jan Jacob Boom-Wichers Marc Rechter
Chairman CEO Co-founder and CEO
Carbon Solar SAS Holosolis SAS MCPV
Halil Demirdag Rüdiger Drewes Bill Mulligan
CEO CEO CEO
Smart Solar Technologies CS Wismar GmbH Maxeon
Paul Toulouse Jan Vesseur Antti Tolvanen
General Manager Co-founder and CEO Managing Director
SYSTOVI Solarge International B.V. Endeas Oy
Hans-Peter Merklein Laetitia Brottier BES Vincent
CEO Co-founder CEO
Grenzebach Envelon GmbH DualSun EDF Photowatt
Peter Berghofer Martin Zugg Filippo Tortoriello
Managing Director Managing Director CEO
Ulbrich of Austria GmbH Interfloat Corporation Gala SpA
Adam Podgorski Nathan Arbitman Benjamin Trinkerl
CEO President & CEO CEO
Green 14 Endurans Solar LWD Solar GmbH
Sven Lindström Wilhelm Stein Daniel Scholz-Stein
CEO Managing Director CEO
Midsummer AB Sunmaxx PVT GmbH Vitronic GmbH
Paolo Sciavartini Christoph Lamberts Thomas Keyser
President Managing Director Solar Glass Manager
EnlogEU GmbH Glasfabrik Lamberts GmbH AGC Glass Europe
Robert Grant Stefan Rinck Wolfram Palitzsch
CEO President & CEO CEO
Gas Recovery and Recycle Ltd Singulus Technologies AG LuxChemtech GmbH
Marcelino Sánchez
Director Solar Energy Technologies
National Renewable Energy Centre
Saatja: "Kertu Künnapuu" <
[email protected]>
Saaja: "MKM info", "SM Info", "JM info Shared MB"
Teema: Pöördumise edastamine
Kuupäev: 2024-01-12 11:45
Meie viide: 24-00067-2
Majandus-ja Kommunikatsiooniministeerium
Sotsiaalministeerium
Justiisministeerium
Edastame Riigikantseleisse saabunud pöördumise seoses määrusega COM (2022)
453.
Lugupidamisega
Riigikantselei
Rahukohtu 3 | 15161 Tallinn
www.riigikantselei.ee | <mailto:
[email protected]>
[email protected]
________________________________________________________
From:
[email protected] <
[email protected]>
Sent: Thursday, January 11, 2024 12:36 PM
To: Riigikantselei <
[email protected]>; Kaja Kallas
<
[email protected]>; Katrin Juhandi
<
[email protected]>
Subject: The European solar manufacturing industry: We demand a robust
forced labour regulation
Importance: High
Dear Ministers of Estonia,
Ahead of the interinstitutional negotiations on the Regulation on
prohibiting products made with forced labour (COM 2022 453) we, as
representatives of the European solar manufacturing industry, are asking
you to adopt a robust regulation as soon as possible. Please find our
joint letter attached, signed by 34 representatives from the European
solar manufacturing industry.
For any questions, don’t hesitate to get in contact with us.
Yours sincerely,
Jens Holm, Sustainability Policy Director, ESMC
Jens Holm
Sustainability Policy Director
<mailto:
[email protected]>
[email protected]
+46(0)708-250 889