30 Amendments of Marlene MORTLER related to 2021/0366(COD)
Amendment 143 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should be complemented by a Commission strategy on a Union plan for protein production to reduce dependence on imports. The Commission has already published a report of 22 November 2018 on the development of plant proteins in the European Union. The conclusions of that report need to be further developed and a detailed strategy presented.
Amendment 164 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and forest degradation and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that environmental footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). Meat import into the Union should follow the same rules, if European livestock will be fed with deforestation- free soya. Therefore, beef, pigmeat and chicken should be deforestation-free. Additionally, cane sugar and ethanol should not enter the Union market if they are not deforestation-free. __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 165 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and forest degradation and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). In addition to these products cane sugar should be included and should not enter on the Union market if is not deforestation free. __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 177 #
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. To confirm that this is the case, they should always be accompanied by a due diligence statement unless they were produced solely in a country that was assessed having a low risk or no risk of deforestation in accordance with Article 27(1).
Amendment 187 #
Proposal for a regulation
Recital 34
Recital 34
(34) Operators should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators. Operators should be exempted from the responsibility to make available due diligence statements where the commodities that are to be placed on the Union market or exported therefrom are produced in a country that has been assessed as "low-risk country" or "no-risk country" in accordance with Article 27(1).
Amendment 207 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Fewer obligations should be placed on operators sourcing commodities and products from countries or parts thereof that present no risk than the "low-risk countries". Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 236 #
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, cane sugar, pigmeat, poultry, ethanol and wood (“relevant commodities”) and products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to
Amendment 241 #
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, cane sugar, soya and wood (“relevant commodities”) and products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘forest’ means land spanning more than 0,5 hectares with trees higher than 5 meters and a canopy cover of more than 10%, or trees able to reach those thresholds in situ, excluding agricultural plantations and land that is predominantly under agricultural or urban land use or if existing, the definition set by national law;
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 285 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or servicesthe way of using a forest to harm biodiversity, productivity, regeneration capability, vitality and potential permanently so that ecological, economical and societal functions cannot be fulfilled in the future;
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) that the wood originates from a legal clearing as defined in the national law, where it has to be a precondition that clearing may only take place if the public interest does not conflict with the preservation of the forest;
Amendment 465 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 514 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraphs 2, 4 and 6 as regards relevant information to be obtained, risk assessment criteria and risk mitigation measures that may be necessary to supplement those referred to in this Article to ensure the effectiveness of the due diligence systempecify minimum criteria based on best practices for the use of private certification or third-party-verified schemes that replace the due diligence system laid down in this Regulation.
Amendment 536 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as presenting no risk or a low risk in accordance with Article 27. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 9 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as presenting no risk in accordance with Article 27.
Amendment 541 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are notonly required to fulfil thesimplified obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as lowno risk, negligible risk or standard risk in accordance with Article 27.
Amendment 542 #
Proposal for a regulation
Article 12 – paragraph 1 – point a (new)
Article 12 – paragraph 1 – point a (new)
Amendment 543 #
Proposal for a regulation
Article 12 – paragraph 1 – point b (new)
Article 12 – paragraph 1 – point b (new)
(b) Operators in standard risk countries have to fulfil information requirements and a simplified risk assessment and risk mitigation. They are not required to: (i) fulfil the obligations under Article 9 (1) (g) and (h); (ii) fulfil the obligations under Article 10 (2) (c) to (i);
Amendment 544 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, in the case of low-risk countries or parts thereof, if the operator obtains or is made aware of any information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
Amendment 614 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States may authorise their competent authorities to reclaim from the operators or traders the totality of the costs of their activities with respect to instances of non- compliance.
Amendment 696 #
Proposal for a regulation
Chapter 3 a (new)
Chapter 3 a (new)
As a derogation from paragraph 1, when placing cattle on the Union market, operators are not required to fulfil the obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as presenting no risk or a low risk in accordance with Article 27 or if the only relevant commodity or product not originating from a no-risk or low-risk origin is feed that has been placed on the Union market before feeding.
Amendment 697 #
Proposal for a regulation
Chapter 3 b (new)
Chapter 3 b (new)
Amendment 716 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threefour- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a lowno risk, a low risk or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a lowno risk, a low risk or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a lowno risk, a low risk or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 719 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a lowno/negligible or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a lowno/negligible or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 729 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countriescountries with no risk, a low risk or high risk or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and be based on the following assessment criteria:
Amendment 730 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of lowno/negligible and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and be based on the following assessment criteria:
Amendment 757 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2 – point c
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the consequences of its identification as a high or lowno/negligible risk country.
Amendment 797 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. Member States may authorise their competent authorities to reclaim from the natural or legal persons referred to in paragraph 1 the totality of the costs resulting from the measures taken in accordance with paragraph 2, if no breaches of the provisions of this Regulation are detected.