110 Amendments of Saskia BRICMONT related to 2021/0366(COD)
Amendment 93 #
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU should also examine how to integrate land rights monitoring into the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations and third countries.
Amendment 100 #
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest and conversion of natural ecosystems, forest and ecosystems degradation, and to promote deforestation- free supply chains as well as ensure the protection of human rights recognised under international law, in particular under treaties and other instruments ratified or endorsed by the country of production.
Amendment 106 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation, and to ensure that commodities and products from supply chains related to deforestation and forest, conversion of natural ecosystems and forest and ecosystems 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 and comply with international standards in the field of human rights to prevent any violation of those. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 110 #
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 121 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk 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 threewo-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 130 #
Proposal for a regulation
Recital 54
Recital 54
(54) While tThis Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead toas well as the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.
Amendment 134 #
Proposal for a regulation
Recital 57
Recital 57
(57) Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation. This Regulation should lay down the steps required for wood and wood-based products covered by a valid FLEGT licenses to fulfil the deforestation-free requirement. The Regulation should foresee specific technical and financial support to VPA partner countries that are willing to revise their Timber Legality Assurance Systems which verify that wood and wood-based products conform to national laws and provide the basis for FLEGT licensing to ensure the required sustainability criteria are met.
Amendment 138 #
Proposal for a regulation
Recital 58
Recital 58
(58) While tThis Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead toas well as the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 145 #
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 woodommodities listed in Annex I (“relevant commodities”) and 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 151 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a 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 EU market of relevant commodities and products.
Amendment 152 #
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 156 #
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 163 #
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. These 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 166 #
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 products or servicesnges within a forest that negatively affect its species composition, structure, and/or function and reduce the forest’s capacity to support biodiversity and/or deliver ecosystem services, whether human induced or not;
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 173 #
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 174 #
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 ecosystem conversion after December 31, 20208, and
Amendment 178 #
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, 20208;
Amendment 185 #
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) and the application of appropriate mitigation measures, by relevant commodities or products showing no cause for concern;
Amendment 186 #
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 production, or both;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities;
Amendment 189 #
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 regulations under legislation framework applicable in the country of production;aw’ means
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point i (new)
Article 2 – paragraph 1 – point 28 – point i (new)
i) the rules applicable in the country of production concerning the legal status of the area of production, land use rights, environmental protection, third parties’ rights, labour rights and relevant tax, anti-corruption, trade and customs regulations under legal framework applicable in the country of production;
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point ii (new)
Article 2 – paragraph 1 – point 28 – point ii (new)
ii) 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 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 193 #
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 194 #
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 195 #
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 196 #
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 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 e (new)
Article 2 – paragraph 1 – point 28 e (new)
Amendment 198 #
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 200 #
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 Article 2(28); and
Amendment 205 #
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 207 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Traders which are SMEmicro- enterprises may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2.
Amendment 212 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Traders which are SMEmicro- enterprises shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market:
Amendment 214 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Traders which are SMEmicro- enterprises shall keep the information referred to in this Article for at least 5 years and shall provide that information to the competent authorities upon request.
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEmicro- enterprises 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 218 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Traders which are not SMEmicro- enterprises shall be considered operators and be subject to obligations and provisions in Articles 3, 4, 5, 8 to 12, 14(9), 15 and 20 of this Regulation with regard to the relevant commodities and products that they make available in the Union market.
Amendment 224 #
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 227 #
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 all other suppliers included upstream in the supply chain;
Amendment 229 #
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 international law and 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;
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the assignment of high risk to the relevant country or parts thereof in accordance with Article 27;
Amendment 235 #
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 236 #
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 237 #
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 238 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystem conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 240 #
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 242 #
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, ecosystem conversion or forest and ecosystem degradation as well as violations of the relevant law has occurred or is occurring;
Amendment 247 #
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 Article 3(bthe rules applicable in the country of production, as defined in article 2 (28)(a) of this Regulation.
Amendment 248 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Operators shall meaningfully engage with relevant stakeholder groups, including Indigenous Peoples, local communities and other customary tenure right holders, throughout the risk assessment and risk mitigation process. They shall engage with these stakeholders prior to taking any decisions that may impact them
Amendment 252 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Undertakings shall ensure that their purchase policies do not cause or contribute to deforestation, forest or ecosystem conversion or degradation
Amendment 256 #
Proposal for a regulation
Article 12
Article 12
Amendment 259 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a 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 261 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12 b Collection of information and documents for financial institutions 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, document, and date to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 262 #
Proposal for a regulation
Article 12 c (new)
Article 12 c (new)
Amendment 263 #
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 taken i.a. of the UN Guiding Principes on Business and Human Rights and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 264 #
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 266 #
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 268 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. For cases where the relevant commodity or product comes from an area identified as high risk pursuant to Article 27 of this Regulation, the competent authority shall suspend placing on the market and proceed to further checks within 4 working days in order to verify that the relevant commodity or product complies with the requirements set under this Regulation;
Amendment 270 #
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 510% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 272 #
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 274 #
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.
Amendment 277 #
Proposal for a regulation
Article 15 – paragraph 1 – point d – paragraph 1
Article 15 – paragraph 1 – point d – paragraph 1
Amendment 281 #
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.
Amendment 284 #
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 286 #
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 controlhecks 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 line with Article 23 which are final within the preceding four years, including the trading name of the relevant non-compliant products..
Amendment 288 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. 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 289 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. 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.
Amendment 290 #
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 291 #
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 292 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in line 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 296 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) 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 297 #
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 299 #
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage 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 concernedUnion, calculated in accordance with Article 5(1) of Regulation (EC) 139/2004;
Amendment 300 #
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 301 #
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 302 #
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 (Proposal for 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 304 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Amendment 309 #
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 1 years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 310 #
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 313 #
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 shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 314 #
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 315 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forestecosystem conversion and forest and ecosystems degradation,
Amendment 317 #
Proposal for a regulation
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) production transformation, and import trends of relevant commodities and products,
Amendment 318 #
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
Amendment 320 #
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 implementationprovided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;
Amendment 322 #
Proposal for a regulation
Article 27 – paragraph 2 – point e a (new)
Article 27 – paragraph 2 – point e a (new)
(ea) the existence of public mapping of all existing concessions and the possibility for these to be linked with ownership data
Amendment 323 #
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 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. forest 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 326 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders;
Amendment 328 #
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
Amendment 331 #
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. 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. It shall also carry out a public consultation to gather information and views from all interested parties, including in particular Indigenous Peoples, local communities small holders, women and civil society organisations. The Commission shall allow the countries and other interested parties 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 332 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
It shall include in the notification, and in the consultation, the following information:
Amendment 334 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 337 #
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, including countries exporting significant volumes of commodities listed in Annex I, to develop partnerships and cooperation to jointly address the root causes of deforestation, ecosystems conversion and forest and ecosystem degradation. Such partnerships and cooperation mechanisms wishall be supported by adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradationecosystem conversion, forest and ecosystem degradation, human rigths protection, and the transition to sustainable commodity production, consumption processing and trade methods, good governance as well as protecting the lives and livelihoods of forest dependent communities including indigenous peoples, local communities, other customary tenure right holders and smallholders. Partnerships and cooperation mechanisms may include 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 340 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow the full participation of all stakeholders, including civil society, indigenous peoples, local communities, women and the private sector including, SMEs and smallholders.
Amendment 344 #
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, including multi stakeholder processes to define the scope of relevant legislation, fiscal incentives and other pertinent tools to improve 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, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, and the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, strengthen national systems of governance and law enforcement, and ensure public access to forest management documents and other relevant information.
Amendment 345 #
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 ecosystemand other natural ecosystems and related human rights.
Amendment 348 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission shall ensure that there are sufficient resources to support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market.
Amendment 351 #
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 circumstances indicate a breach has likely occurred, appropriate, 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 352 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possiblewithin 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 353 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 355 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. 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 356 #
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 360 #
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 363 #
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 366 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 368 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 370 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Commission shall permanently monitor the impacts 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 EU internal market by creating conditions and incentives that enable them to comply with the EU 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 371 #
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 373 #
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 375 #
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.