137 Amendments of Anja HAZEKAMP related to 2021/0366(COD)
Amendment 154 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) To support sustainable practices, such as agro-ecology and community forest management, the Union should tackle direct and indirect drivers of deforestation, including poverty, by promoting a living income for smallholders producing goods exported to the Union. Sufficient resources should be secured to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the Union market.
Amendment 179 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production.domestic and international law and standards To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 185 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Operators have the responsibility to undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and woodertain commodities, listed in Annex I, (“relevant commodities”) and of products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”), with a view to
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest, forest degradation worldwide ecosystem conversion and ecosystem degradation worldwide
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) ensuring that relevant commodities and products placed on or exported from the Union market are produced in accordance with international law and standards on ownership, tenure or access rights to land, including respect for customary tenure rights and the right to free, prior and informed consent.
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(bb) preventing the violation of human rights linked to the production of relevant commodities and products.
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) This Regulation also lays out obligations for financial institutions operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the Union market of relevant commodities and products.
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to another land use, including agricultural use, whether human- induced or not; this definition also applies to the conversion of forests that are not plantation forests into plantation forests;
Amendment 277 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) “ecosystem conversion” means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function; this includes severe degradation or the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function;
Amendment 287 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) “natural ecosystem” means an ecosystem that substantially resembles, in terms of species composition, structure, and ecological function, one that is or would be found in a given area in the absence of major human impacts; those ecosystems include, in particular, land with high carbon stocks and land with a high biodiversity value such as savannahs, grasslands, peatlands and wetlands, such as mangroves; this definition applies to human managed ecosystems where much of the natural species composition, structure, and ecological function are present;
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means charvesting 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 pronges within a forest that negatively affect its species composition, structure, or function and reduce the forest’s capacity to support biodiversity or deliver ecosystem services, whether human inductsed or servicesnot;
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) “ecosystem degradation” means changes within a natural ecosystem that negatively affect its species composition, structure, and/or function and reduce the ecosystem’s capacity to support biodiversity, and/or deliver ecosystem services;
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation, conversion and degradation-free’ means:
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation or natural ecosystem conversion after December 31, 202015, and
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the woodrelevant commodities hasve been harvested from the forest without inducing forestproduced without inducing or contributing to forest or ecosystem degradation after December 31, 202015;
Amendment 349 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market when, following a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevantand the application of the appropriate mitigation measures, these commodities or products showing show no cause for concern;
Amendment 355 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders, indigenous peoples and local communities as well as women, by consulting them directly in a manner that takes into account potential barriers to effective engagement; operators should engage with stakeholders prior to taking any decisions that may impact them; this involves the timely provision of all information needed by the potentially impacted stakeholders to be able to make an informed decision as to how the decision could affect their interests; it also means there is follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed;
Amendment 359 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation, conversion and degradation-free’ manner,, or were not produced in accordance with the relevant legislation of the country of productiondomestic and international law and standards, or both;
Amendment 363 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- founded claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities;
Amendment 364 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulaaw and standards’ means; (a) the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, labour rights, as well as relevant, tax, anti-corruption, trade, customs, payment and contract regulations under the legal framework applicable in the country of production and international treaties and other instruments ratified or endorsed by the country of production relating to ownership, tenure or access rights to land, including respect for customary tenure rights and the right to free, prior and informed consent; (b) human rights protected under international law, in particular under any treaties and other instruments ratified or endorsed by the country of production; these include instruments protecting: customary tenure rights and the right to free, prior and informed consent (FPIC), as set out among others by the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, labour rights as enshrined in ILO fundamental conventions uander legislation framework applicable in the country of production; other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment; where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with.
Amendment 367 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security; it is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms;
Amendment 369 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28b) ‘human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms; human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights; human rights defenders also promote and protect the rights of members of groups such as indigenous communities;
Amendment 371 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28c) ‘environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna.
Amendment 373 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 d (new)
Article 2 – paragraph 1 – point 28 d (new)
(28d) ‘financial institution’ means: (a) a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013; (b) an insurance undertaking authorised in accordance with Article 18 of Directive 2009/138/EC; (c) an institution for occupational retirement provision authorised or registered in accordance with Article 9 of Directive (EU) 2016/2341 except an institution in respect of which a Member State has chosen to apply Article 5 of that Directive or an institution that operates pension schemes which together have less than 15 members in total; (d) a manufacturer of a pension product as referred to in point (e) of Article 2(2) of Regulation (EU) No 1286/2014 or an individual pension product as referred to in point (g) of Article 2(2) of Regulation (EU) No 1286/2014; or(e) an alternative investment fund manager (AIFM) as defined in point (b) of Article 4(1) of Directive 2011/61/EU; (f) a pan-European personal pension product (PEPP) provider as referred to in point (2) of Article 2 of Regulation (EU) 2019/1238; (g) a manager of a qualifying venture capital fund registered in accordance with Article 14 of Regulation (EU) No 345/2013; (h) a manager of a qualifying social entrepreneurship fund registered in accordance with Article 15 of Regulation (EU) No 346/2013; (i) a management company of an undertaking for collective investment in transferable securities (UCITS management company) as defined in point (b) of Article 2(1) of Directive 2009/65/EU; (j) an investment firm as defined in point (1) of Article 4(1) of Directive 2014/65/EU; or (k) branches, when located in the Union, of financial institutions as referred to in points (a) to (j), whether their head office is situated in a Member State or in a third country;
Amendment 374 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 e (new)
Article 2 – paragraph 1 – point 28 e (new)
(28e) ‘financial service’ means: (a) lending including, inter alia: credit agreements relating to immovable property, factoring, with or without recourse, financing of commercial transactions (including forfeiting), export credit; (b) financial leasing; (c) payment services as defined in Article 4(3) of Directive 2007/64/EC; (d) guarantees and commitments; (e) participation in securities issues and the provision of services relating to such issues; (f) money broking; (g) non-life insurance services as set out in Annex I of Directive 2009/138/EC; or (h) portfolio management and advice;
Amendment 379 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are deforestation, conversion and degradation-free;
Amendment 386 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of productionaw, as defined in point (28) of Article 2; and
Amendment 400 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market, as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on, or export from, the internal market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 408 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators should by any means support the compliance of their suppliers, including smallholders, with the regulation, including through investments and capacity building as well as pricing mechanisms that would enable a living income for the producers they source from.
Amendment 421 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.
Amendment 435 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Operators shall ensure meaningful engagement and participation of all relevant stakeholder groups at all stages of the due diligence process. They shall engage with stakeholders prior to taking any decisions that may impact them.
Amendment 436 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 3 as regards meaningful engagement and participation to be conducted to ensure the effectiveness of the due diligence system.
Amendment 441 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; for relevant products, the description shall include mention of the relevant commodities, or products derived from them, that are contained as components or ingredients, used as feed or used in the production process;
Amendment 447 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) name, email and address of any business or person from whom they have been supplied with the relevant commodities or products and of all the other suppliers included upstream in the supply chain;
Amendment 450 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of productiondomestic and international law and standards, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity and, where any arrangement concerns Indigenous peoples, local communities or other groups with customary tenure rights, the arrangement was made with their free, prior and informed consent (FPIC);
Amendment 456 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding its use, ownership or occupation;
Amendment 459 #
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(hb) adequate and verifiable information that human rights defenders have not experienced retaliation for their work from any business or person from whom they have been supplied with the relevant commodities or products, with retaliation including but not limited to threats, intimidation, physical or sexual violence and judicial harassment;
Amendment 461 #
Proposal for a regulation
Article 9 – paragraph 1 – point h c (new)
Article 9 – paragraph 1 – point h c (new)
(hc) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products;
Amendment 463 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The operator shall make available to the competent authorities upon requesthold the information, documents and data collected under this Article on behalf of the competent authorities and make them available upon request.
Amendment 467 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 473 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the assignment of riskhigh-risk level to the relevant country or parts thereof in accordance with Article 27;
Amendment 476 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests or of other natural ecosystems in the country and area of production of the relevant commodity or product;
Amendment 480 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not;
Amendment 482 #
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(bb) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products;
Amendment 485 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystems conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 487 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violence against indigenous peoples, local communities, customary tenure rights holders, and environmental and human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 490 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) the prevalence of business practices, such as purchasing and pricing practices, that undermine the capacity of farmers to produce relevant commodities and products in a manner consistent with the requirements of this Regulation;
Amendment 493 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has, ecosystems conversion or forest and ecosystems degradation, as well as violations of the relevant law have occurred or are occurring;
Amendment 500 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with the rules applicable in the country of production, as defined in point (a) of Article 3(b2(28) of this Rregulation.
Amendment 502 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity building for suppliers, or other measures pertaining to information requirements set out in Article 9.
Amendment 504 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted ensuring the participation and consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 518 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a), (b) and (bc). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence when operators become aware of them. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 522 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on the following elements: (a) their due diligence system including onand the steps taken by them to implement their obligations as set out in Article 8. Operators falling also within the scope of other EU legislative instruments that lay down requirements regardi, including the meaningful engagement and participation of stakeholders and disclosure on disengagement, as referred to in Article 10; (b) the measures they have implemented to ensure that the costs of compliance with this Regulation are shared among value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments. l actors in the supply chains proportionally, and; (c) the measures they have implemented to support the compliance of their suppliers, in particular smallholders, including investments and capacity building, as well as pricing mechanisms that would enable a living income for the producers they source from.
Amendment 526 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Reports shall, in respect of relevant commodities and products supplied by each supplier: (a) include the information described in Articles 9(1)(a) to (e); (b) describe the information and evidence obtained and used to assess the compliance of the relevant commodities and products with Articles 3(a), (b) and (c); (c) state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); (d) include the date and place where relevant commodities and products were placed on or exported from the Union market; and (e) provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 528 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Operators shall keep for at least 5 years all documentation related to due diligence, such as all relevant records, measures and procedures pursuant to Article 8. They shall makehold them available to theon behalf of competent authorities and make them available upon request.
Amendment 534 #
Proposal for a regulation
Article 12
Article 12
Amendment 548 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Obligations of financial institutions 1. Financial institutions shall provide financial services to customers only when they conclude that there is no more than a negligible risk that the services in question may provide support, directly or indirectly, to activities leading to, or linked with, deforestation, ecosystems conversion, forests and ecosystems degradation or that are taking place in violation of relevant legislation/law. 2. In view of complying with paragraph 1, financial institutions shall exercise due diligence, as described in paragraph 3, as soon as they establish a business relationship with, and prior to providing financial services to customers; 3. The due diligence shall include: (a) the collection of information and documents, as referred to in Article 12b needed to fulfil the requirement set out in paragraph 1; (b) risk assessment and mitigation measures as described in Article 12c; 4. For customers with whom they have established an ongoing business relationship before the date of entry into force of this regulation, financial institutions shall complete the relevant due diligence within one year from the date in question.
Amendment 549 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12b Collection of information and documents 1. Financial institutions shall collect the information, documents and data demonstrating that the provision of financial services to customers complies with Article 12a (1). These shall include, at least: (a) description of the customer’s economic activities and of the activities of entities controlled by, controlling of otherwise linked to the customer; (b) description of the economic activities of the customers’ suppliers and of the suppliers of the other entities listed under paragraph (a); (c) when the customer is an operator or trader for the purpose of this regulation, information on the relevant commodities and products placed on, made available on or exported from the Union’s market and on the related exercise of due diligence under this Regulation; (d) use, for the activities under (a) and (b) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation; (e) policies adopted, and implemented by, the customer and by the entities and suppliers referred to under (a) and (b) in view of ensuring that their activities do not cause deforestation, ecosystems conversion, forests and ecosystems degradation or human rights’ violations; (f) independent audits on the effectiveness of the due diligence and policies mentioned under (c), (d) and (e). 2. Financial institutions shall make available to the competent authorities upon request the information, documents and data collected under this article. 3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information, documents, and data to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 551 #
Proposal for a regulation
Article 12 c (new)
Article 12 c (new)
Amendment 558 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the competent authorities have adequate powers, functional independence and resources to perform the obligations set out in Chapter 3 of this Regulation.
Amendment 559 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, Member States may provide technical and other assistance and guidance to operators, taking into account the situation of SMEs, in order to facilitate compliance with the requirements of this Regulation. Such assistance shall be without prejudice to the powers of competent authorities to enforce this regulation.
Amendment 563 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Member States, may shall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation.
Amendment 566 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Assistance shall be provided by entities that are functionally and structurally separated from competent authorities, in a manner which does not compromise their independence, legal obligations and responsibilities of competent authorities in enforcing this Regulation.
Amendment 567 #
Proposal for a regulation
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. Competent authorities shall, with the assistance of the authorities referred to in Article 7 of Directive (EU) 2015/849 of the European Parliament and of the Council1a, monitor the compliance of financial institutions with the requirements of this Regulation. __________________ 1a Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
Amendment 572 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of complianceprevious failures of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks andto ensure compliance with this Regulation, the quantity of relevant commodities and products being placed or made available on the market by the operator or trader, the experience on implementation of the plans, theod of time since the risk assessment for the relevant commodities or products was completent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulationd, the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.
Amendment 584 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5t least 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 586 #
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 588 #
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.
Amendment 594 #
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13a. Records of checks carried out under this regulation and reports of their results and outcomes shall constitute environmental information for the purpose of Directive 2003/4/EC of the European Parliament and of the Council1a. _________________ 1a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 597 #
Proposal for a regulation
Article 15 – paragraph 1 – point d – paragraph 1
Article 15 – paragraph 1 – point d – paragraph 1
Amendment 600 #
Proposal for a regulation
Article 15 – paragraph 1 – point e – indent 1 (new)
Article 15 – paragraph 1 – point e – indent 1 (new)
- and, where appropriate:
Amendment 609 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 620 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States or to support enforcement action by these competent authorities.
Amendment 625 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks and the risk criteria on which they are based, the number and the results of the controls checks carried out on operators and traders, including the contents of these checkresults of these checks, the number and the results of the controls carried out on relevant commodities and products including the results of these controls, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non- compliance and the costs of controls recoveredoperators and traders against whom such measures were taken as well as the trading name of the non- compliant products, the costs of enforcement activities recovered in each instance, and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in accordance with Article 23 which are final within the preceding four years, including the trading name of the relevant non- compliant products.
Amendment 631 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall notify the Commission without undue delay about any administrative or criminal sanction or penalty, including in the form of a formal warning, imposed on operators or traders for infringing their obligations under this Regulation.
Amendment 632 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. The Commission shall publish in the Official Journal of the European Union a list of operators and traders identified in accordance with paragraph 3 that have failed to fulfil their obligations under this Regulation and the trading name of the relevant non-compliant products.
Amendment 634 #
Proposal for a regulation
Article 19 – paragraph 2 c (new)
Article 19 – paragraph 2 c (new)
2c. Upon receipt of a notification under paragraph 3, the Commission shall, without delay, include the operator, trader and/or supplier concerned in the list and inform the operator or trader concerned of its inclusion. This list should be made publicly available on the website of the Commission and regularly updated.
Amendment 635 #
Proposal for a regulation
Article 19 – paragraph 2 d (new)
Article 19 – paragraph 2 d (new)
2d. The Commission shall remove an operator or trader from the list of contravening operators and traders after one year at the earliest if the Member State has notified the Commission that the operator or trader has taken sufficient remedial action, including full payment of penalties and improvements to its due diligence system. The Commission shall publish in its annual report a short justification for each trader or operator that has been removed from the list.
Amendment 636 #
Proposal for a regulation
Article 19 – paragraph 2 e (new)
Article 19 – paragraph 2 e (new)
2e. In addition to the reporting requirement under paragraph 2, the Commission shall publish in the Official Journal of the European Union a list of operators and traders having failed to fulfil their obligations under this Regulation and the trading name of the relevant non-compliant products, comprised of the operators, traders and non-compliant products included in the lists published by Member States under paragraph 1, regularly updated. For that purpose, Member States shall notify the Commission without undue delay about any final administrative or criminal sanction or penalty imposed on operators or traders for infringing their obligations under this regulation.
Amendment 637 #
Proposal for a regulation
Article 19 – paragraph 2 f (new)
Article 19 – paragraph 2 f (new)
2f. Without prejudice to paragraphs 1 to 3, Member States and the Commission shall ensure that the public can enjoy unrestricted access to information relating to the application of this regulation on the basis of Directive 2003/4/EC and Regulation (EC) 1367/2006 of the European Parliament and of the Council1a. _______________________ 1a Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
Amendment 640 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1530% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1530% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this article regularly include all of the elements listed in Article 15.
Amendment 643 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, on the basis of the examination of evidence or other relevant information, including based on information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or following the checks referred to in Article 15 and 16, possible serious shortcomingsinfringements of this regulation have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
Amendment 648 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in accordance with Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end within a specified and reasonable period of time.
Amendment 656 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) addressing any shortcoming in the due diligence system which may have led to the non-compliance, in view of preventing the risk of further infringements.
Amendment 659 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to takcomplete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1 or where the non- compliance referred to in paragraph 1 persists after that period of time ends, competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 663 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay down rules on uniform penalties applicable to infringements of the provisions of this Regulation by operators and traders and shall take all measures necessary to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.
Amendment 669 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The penalties provided for shall be effective, proportionate and, dissuasive and uniform across member states. Penalties shall include as a minimum:
Amendment 672 #
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage, human rights harm and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the Member State or Member States concerned; Union, calculated in accordance with Article 5(1) of Council Regulation (EC) 139/20041a; _________________ 1a Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
Amendment 679 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them;
Amendment 683 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(db) recall of relevant commodities or products offered for sale including at retailers;
Amendment 684 #
Proposal for a regulation
Article 23 – paragraph 2 – point d c (new)
Article 23 – paragraph 2 – point d c (new)
(dc) criminal sanctions, in accordance with [the forthcoming a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC].
Amendment 691 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Amendment 706 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourno later than one years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 710 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable:
Amendment 712 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries and parts thereof 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 or (b). In identifying countries and parts thereof, the Commission shall adopt a risk-based approach that prioritises countries and parts thereof where relatively larger volumes of relevant commodities or products are produced and with relatively higher risks of non-compliance with Article 3, point (a) or (b). 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. and the assessment of countries or parts thereof that led to their inclusion on that list shall be reviewed at least every three years in line with paragraphs 2 and 3.
Amendment 722 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria:
Amendment 732 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest, ecosystem conversion and forest and ecosystem degradation,
Amendment 736 #
Proposal for a regulation
Article 27 – paragraph 2 – point c a (new)
Article 27 – paragraph 2 – point c a (new)
(ca) threats, intimidation, violence, judicial harassment and any other form of retaliation against human rights defenders and local communities invested in the conservation of forests,
Amendment 737 #
Proposal for a regulation
Article 27 – paragraph 2 – point c b (new)
Article 27 – paragraph 2 – point c b (new)
(cb) existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples and local communities;
Amendment 738 #
Proposal for a regulation
Article 27 – paragraph 2 – point c c (new)
Article 27 – paragraph 2 – point c c (new)
(cc) the level of implementation and enforcement of the rules applicable in the country of production described in Article 2(28), including clarity and consistency of the legal framework, and transparency and monitoring of its implementation.
Amendment 739 #
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
Amendment 742 #
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation, provided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;
Amendment 746 #
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied. , ecosystem conversion or forest and ecosystem degradation or non- compliance with the rules applicable in the country of production described in Article 2(28) are applied.
Amendment 752 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
The Commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. The CommissionIt shall also carry out a public consultation to gather information and views from all interested parties, including from local communities affected by the production of commodities listed in the regulation, regarding the potential change of risk category. The Commission and other interested parties shall allow the countries adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.
Amendment 756 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2 – introductory part
Article 27 – paragraph 3 – subparagraph 2 – introductory part
It shall include in the notification and in the consultation the following information:
Amendment 769 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the rights-respecting conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods, as well as securing the rights and subsistence of forest dependent communities including indigenous peoples, local communities and smallholders. Partnerships and cooperation mechanisms may include multi- stakeholder structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 772 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow and monitor the full participation of all stakeholders, including civil society, indigenous peoples, local communities, women, and the private sector including, SMEs and smallholders.
Amendment 777 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscal incentives and other pertinent tools to improve rights- respecting forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information.
Amendment 780 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems and other natural ecosystems and their inhabitants and their rights.
Amendment 785 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission shall secure sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the Union market;
Amendment 786 #
Proposal for a regulation
Article 28 – paragraph 4 b (new)
Article 28 – paragraph 4 b (new)
4b. The Commission shall ensure that at least 5% of the public revenues generated through the Carbon Border Adjustment Mechanism are allocated to support smallholders and jurisdictions in third countries that are effectively protecting and restoring forests. Support shall be provided on the basis of objective, science-based and transparent common criteria and reward practices whose climate and environmental benefits are scientifically proven and that lead to the sustainable and long-term protection of forests while protecting rights and ensuring societal co-benefits.
Amendment 789 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriatecircumstances indicate a breach has likely occurred, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.
Amendment 792 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possible within 30 days of receiving a substantiated concern and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its assessment of their substantiated concern pursuant to paragraph 2 and the decision to accede to or refuse the request for action and shall provide the reasons for it, and shall, where further action is taken pursuant to paragraph 2, inform the natural or legal person of the further action taken and the outcome within 60 days of receiving the substantiated concern.
Amendment 799 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Natural or legal persons’ substantiated concerns in relation to the provision of financial services 1. Natural or legal persons shall be entitled to submit substantiated concerns to competent authorities when they deem, based on objective circumstances, that one or more financial institutions are failing to comply with the provisions of this Regulation. 2. The competent authority shall, with the assistance of the authorities referred to in Article 7 of Directive (EU) 2015/849, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of the financial institutions and of the operators and traders concerned, with a view to detecting potential breaches of the provisions of this Regulation. 3. The terms and procedure set out in Article 29 (3) shall apply.
Amendment 810 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Operators failing to comply with the duties of this Regulation shall also be liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. The action to establish liability shall be filed before the relevant jurisdiction by any natural or legal person with a legitimate interest to do so.
Amendment 812 #
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as provide adequate and effective remedies, including injunctive relief where appropriate.
Amendment 813 #
Proposal for a regulation
Article 30 – paragraph 2 c (new)
Article 30 – paragraph 2 c (new)
2c. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 821 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders in accordance with their respective obligations under this Regulation. Farm and forest producers, including smallholders, should be granted access to all information which concerns them.
Amendment 825 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. In line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. __________________ 51 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56–83).
Amendment 830 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two 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 particular 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 commoditieadditional measures to strengthen the protection of forests, natural ecosystems and human rights.
Amendment 838 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than five 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 843 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 849 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 855 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Commission shall permanently monitor the impact of this regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by the interested stakeholders. No later than three years from the date of application referred to in Article 36(2), the Commission shall propose measures, taking into account the outcomes of the monitoring process aiming at supporting these stakeholders, in particular to: (a) ensure that their production methods and scale are able to comply with the sustainability criteria set out in the regulation, and that their commodities and products are traceable and their origin transparent; (b) promote, when necessary, their transition towards, and the maintaining of, socially and environmentally sustainable agricultural practices which do not make them exclusively dependent on commodity production for export but support a transition focused on agro- ecology; (c) facilitate and support their inclusion in supply chains leading to the Union internal market by creating conditions and incentives that enable them to comply with the Union regulatory requirements; (d) provide support and incentives for them to conserve their forests and natural ecosystems on their lands that are used for commodity production; (e) guarantee that, in any case, the rights of indigenous peoples and other local communities with tenure rights are adequately protected.
Amendment 858 #
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 productcommodities 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 deforeste broadest application to commodities linked to deforestation, ecosystem conversion and forest and ecosystem degradation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 863 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following a review as set out in paragraph 3, the Commission may adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made usingadditional relevant commodities.
Amendment 864 #
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. The Commission shall permanently monitor the impacts of this Regulation on smallholders, indigenous peoples and local communities in third countries. Such monitoring shall take place through multistakeholder dialogues and information exchanges with third countries, intergovernmental, non- governmental, civil society and smallholder organisations, as well as indigenous peoples and local communities. The findings of this monitoring shall be taken into account in the review as referred to in Article 32(2)(b).
Amendment 867 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and the public in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 869 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35a Annex I of Directive 2003/35/EC is amended by adding the following: (g) Article 14(3) of Regulation (EU) No XXXX/XX of the European Parliament and of the Council of XX [month] XXXX on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010. te of entry into force of the present regulation.
Amendment 879 #
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Goods as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, referred to as “relevant commodities” in Article 1 of this Regulation68 . __________________ 68 The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 880 #
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
In accordance with Article 1, the Regulation shall apply to all goods that contain, have been fed with or have been made using “relevant commodities” or products deriving from them, and are therein referred to as “relevant products”. An indicative list of these products is provided in the table included in this Annex.
Amendment 881 #
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Indicative list of “relevant products”, as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87.
Amendment 885 #
Amendment 892 #
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2. Harmonised System code, free-text description including the trade name as well as, where applicable, the full scientific name, and quantity70 of the relevant commodity or product that is intended to be placed on or exported from the Union market by the operator; __________________ 70 The quantity must be expressed in kilograms of net mass and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.
Amendment 896 #
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots of land of production, including geo- localisation coordinates, latitude and longitude, and date or time range of production. Where a product or commodity contains materials, ingredients or components produced in different plots of land, the geo-location coordinates of all different plots of land shall be included;