18 Amendments of Fulvio MARTUSCIELLO related to 2021/0366(COD)
Amendment 138 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The ongoing climate crisis should be considered on a global scale and measures to improve the sustainability of production around the world should be a global objective. The application of this Regulation is likely to trigger worldwide distortive effects which could outweigh the, in any case, minor effects that the impact assessment predicts the Regulation will have. In that connection, the role of the World Trade Organization is crucial both to preventing distortion of that kind and to the coordination of efforts in every region in the world so that EU action can deliver the desired results.
Amendment 189 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to recognise good practice, certification or other third party v in combating deforestation and forest degradation, operators’ participation in certifiedcation schemes could be used in the risk assessment procedure, however, they shthat ensure compliance with the sustainability and legality objectives set out in this Regulation could not substitute the operator’s responsibility as regards due diligence obligation.
Amendment 212 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) With a view to ensuring that this Regulation’s objectives are achieved, the impact on individual companies, particularly SMEs, should be minimised. The proposal for a regulation should provide for a derogation from its application for operators producing raw materials and the products concerned in those countries classified as ‘negligible risk’ and where forest area has gradually increased or remained unchanged over the years.
Amendment 233 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The timescales for the gradual application of the Regulation should be consistent with the development of EU action to increase self-supply of products or alternative products that enable companies to prevent any negative speculation-related effects.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation shall not apply to: (a) The Regulation shall not apply to relevant commodities and products placed on the Union market that were produced before the date established in Article 36(1); and (b) operators participating in certification schemes that ensure compliance with the sustainability and legality objectives set out in this Regulation, including voluntary schemes recognised by the Commission under Article 30(5) of Directive (EU) 2018/2001.
Amendment 270 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural usefor production purposes or to obtain new areas for urban expansion, whether human-induced or not;
Amendment 303 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means management and harvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long- term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services;
Amendment 350 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern, particularly where forest area has gradually increased or remained unchanged over the years;
Amendment 496 #
Proposal for a regulation
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) complementary information on compliance with this Regulation, which may include information supplied by certification or other third-party-verified schemes, including voluntary schemes recognised by the Commission under Article 30(5) of Directive (EU) 2018/200149, provided that the information meets the requirements set out in Article 9; __________________ 49 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328/82, 21.12.2018, p. 82–209).
Amendment 537 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as negligible or low risk in accordance with Article 27, or where forest area has gradually increased or remained unchanged over the years.
Amendment 718 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a negligible, low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 728 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of negligible, low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and be based on the following assessment criteria:
Amendment 834 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than tTwo years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particularon the effective impact of the Regulation and on an evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities.
Amendment 840 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than fFive years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:
Amendment 845 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) the need for and feasibility of additional trade facilitation tools to support the achievement of the objectives of the Regulation including through recognition of certification schemes;
Amendment 859 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 872 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Articles 3 to 12, 14 to 22, 24, 29 and 30 shall apply 124 months from the entry into force of this Regulation.
Amendment 876 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles referred to paragraph 2 shall apply 2436 months from the entry into force of this Regulation for operators that are microenterprises53 established by December 31, 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. __________________ 53 As defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC.