27 Amendments of Miguel URBÁN CRESPO related to 2021/0366(COD)
Amendment 28 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Of the 227 lethal attacks against environmental and land defenders recorded in 2020, 70% of those murdered were working to defend the world's forests from deforestation and industrial development. These attacks disproportionately target indigenous people, who were the target of one third of the murders recorded in 2020.
Amendment 40 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union's impact on deforestation also comes from financial sector funding. EU-based financial institutions lent $34.7 billion to the world's top deforesting companies between 2016 and 2020, earning over €400 million in proceeds directly from the destruction of forests.2a The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products, and by the lending of EU- based financial institutions, and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect.
Amendment 51 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability and uphold human and social rights in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 57 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, , local civil society and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 69 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and, forest degradation and human rights abuses, and to ensure that commodities and products from supply chains related to deforestation and, forest degradation and human and labour rights abuses 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, international human rights laws and the principle of Free, Prior and Informed Consent of Indigenous Peoples. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 82 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk, ,and the risk of violations of human and labour rights, at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim of minimisavoiding negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimiseavoids large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimisavoid negative impacts on soil quality, including soil compaction, and on biodiversity features and habitats;
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislationaw of the country of production’ '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, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; , labour rights and relevant tax, anti-corruption, trade and customs regulations under legal framework applicable in the country of production ;(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 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 and 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 117 #
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 121 #
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 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28 b) ‘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 126 #
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 128 #
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 Directive2009/138/EC; or(h) portfolio management and advice;
Amendment 136 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Obligations of regulated financial undertakings Regulated financial undertakings that provide financial services to operators who are subject to this Regulation shall be subject to the obligations and provisions in Article 4, 5 and 8 to 12 of this Regulation, with regard to financial services related to the making available of the relevant commodities and relevant products in the Union market. When complying with the information gathering requirement under Article 9, regulated financial undertakings may rely on the information gathered for the same purpose by the operator to whom they are providing the financial service, complemented by other information sources. When completing the risk assessment under Article 10, regulated financial undertakings will perform the risk assessment independently of the operator to whom they are providing a financial service. 2. Paragraph 1 of this article shall also apply to regulated financial undertakings providing financial services to traders that are not SMEs who are subject to this Regulation, with regard to financial services related to the making available of the relevant commodities and relevant products on the EU market.
Amendment 141 #
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 production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity, and ensuring that the rights of indigenous peoples to Free, Prior and Informed Consent are respected;
Amendment 153 #
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 156 #
(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 160 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country or part thereof of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violation of rights of or violence against Indigenous Peoples, local communities or other customary tenure rights holders, as well as human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 161 #
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
Article 10 – paragraph 2 – point e a (new)
(ea) concerns in relation to other actors involved in the supply chain, particularly in relation to legal complaints taken against an actor, substantiated concerns relating to deforestation, forest degradation, human rights abuses or attacks against environmental and land rights defenders committed by an actor, or the inclusion of an actor on any United Nations list of companies and businesses involved in violations of human rights or international law;
Amendment 170 #
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 SMEs shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8information about the products and commodities placed on the market, the place of production or origin of the commodities, the structure of the supply chain, the potential risks of non-compliance that were detected, and the steps taken to mitigate those risks. Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding 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.
Amendment 175 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 179 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 181 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Amendment 182 #
Proposal for a regulation
Article 12 c (new)
Article 12 c (new)
Amendment 183 #
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Article 12 d Due diligence guidelines In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with stakeholders, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines; when developing those guidelines due account shall be Due diligence guidelines taken i.a. of the UN Guiding Principles on Business and Human Rights and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 184 #
Proposal for a regulation
Article 12 e (new)
Article 12 e (new)
Article 12 e Relation with other Due diligence requirements Due diligence obligations under this Regulation shall apply independently and without prejudice to any other Union due diligence or sustainability obligations. This regulation shall not modify requirements stemming from other Union sustainability or due diligence legislation.
Amendment 190 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Checks on financial institutions 1. Competent authorities shall, with the assistance of the authorities referred to in Article 7 of Directive (EU) 2015/849 conduct checks on financial institutions to establish whether they comply with their obligations under this Regulation and whether the financial services they provide to customers are compliant with the requirements of this Regulation. The provisions on checks laid out in Articles14 and 15 of this Regulation shall apply, with the necessary adjustments, to the checks performed in accordance with this article. 2. Financial institutions shall cooperate with competent authorities to facilitate the performance of checks including by disclosing all the information that is relevant to demonstrate compliance with Articles 12a, 12b and 12c.