Activities of Alessia Maria MOSCA related to 2014/0059(COD)
Plenary speeches (1)
Self-certification of importers of minerals and metals originating in conflict-affected and high-risk areas (A8-0141/2015 - Iuliu Winkler) IT
Amendments (18)
Amendment 34 #
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. Women and children are disproportionately affected by these conflicts, and are the victims of systematic physical and sexual violence, recognised as an international war crime and used as a weapon of war by armed groups. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 44 #
Proposal for a regulation
Recital 2
Recital 2
(2) The issue concerns resource-rich regions where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations, including women's organisations that are at the forefront of drawing attention to the exploitative conditions imposed by these groups as well as to rape and violence used to control local populations.
Amendment 59 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the Commission is requested to bring forward binding legislation on conflict minerals.
Amendment 92 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In line with the OECD Due Diligence Guidance, a flexible approach needs to be taken to the challenges arising in connection with due diligence: the nature and scope of the obligations must be in keeping with the specific characteristics of responsible importers, with regard to the size of each company, its place of business, the situation in the relevant country, and the sector and type of products and services involved. Micro- enterprises should therefore not come within the scope of this Regulation.
Amendment 95 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) In the Joint Communication of 5 March 20141a, the Commission and the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy outlined plans for the implementation of accompanying measures designed to encourage responsible sourcing and thus secure a high level of participation by companies, taking due account of the costs that due diligence entails, in particular for SMEs and micro-enterprises. __________________ 1aJoint Communication of 5 March 2014 to the European Parliament and the Council on responsible sourcing of minerals originating in conflict-affected and high-risk areas (JOIN(2014)0008).
Amendment 111 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1 (new)
Article 1 – paragraph 2 – subparagraph 1 (new)
Metals reasonably assumed to be recycled are excluded from the scope of this Regulation.
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) 'recycled metals' means reclaimed end-user or post-consumer products, or scrap processed metals created during product manufacturing. Recycled metals include excess, obsolete, defective, and scrap metal materials which contain refined or processed metals that are appropriate to recycle in the production of tin, tantalum, tungsten and gold. Minerals that are partially processed, unprocessed or a bi-product from another ore are not recycled metals;
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) 'self-certification' means the act of declaring one's adherence to the obligations relating to management systems, risk management, third-party audits and disclosure as set out in this Regulationupstream actor' means any natural or legal person operating at a choke point of transformation and traceability in a resources supply chain, such as smelters, refiners and raw materials exchanges;
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point p a (new)
Article 2 – paragraph 1 – point p a (new)
(pa) ‘micro-enterprise’ means an enterprise that employs fewer than 10 people and whose annual turnover or annual balance sheet total does not exceed EUR 2 million, in accordance with Commission Recommendation 2003/361/EC1a; _______________ 1aCommission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 262 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Micro-enterprises wishing to self-certify as responsible importers shall comply with the provisions set out in the following articles but shall be exempted from having to meet the obligations set out in Article 4(f)(iv) and (v) and (g)(v) and (vi), Article 5(b) and Article 7(2) and (3).
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 481 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metalthat operators within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 483 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted byon the basis of uniform, harmonised control criteria and standards established by the competent authorities of the Member States, taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importer with this Regulation.
Amendment 554 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a EU accompanying measures Within six months of the adoption of this Regulation, the Commission shall submit to the European Parliament and the Council a legislative proposal for the adoption of accompanying measures, in the form of aids and incentives, to promote full participation by companies in responsible sourcing and compliance with the obligations laid down in this Regulation, taking due account of the specific needs and difficulties of small and medium-sized enterprises.
Amendment 567 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
It shall apply from....*. _______________________ *OJ: Please insert the date: 18 months after the date of entry into force of this Regulation.