36 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2021/0366(COD)
Amendment 38 #
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 to 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, and especially the rights of Indigenous Peoples and local communities.
Amendment 41 #
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. To confirm that this is the case, they should always be accompanied by a due diligence statement and comply with international standards in the field of human rights, and particularly the rights of Indigenous Peoples and local communities, to prevent any violation of those. To confirm that this is the case, they should always be accompanied by a due diligence statement, in order to prevent access to the EU market for products with a high risk of deforestation, conversion or ecosystem degradation.
Amendment 46 #
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 48 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Operators have the responsibility to undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.
Amendment 51 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to foster transparency and facilitate enforcement, operators which are not SMEsmall and micro-enterprises should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.
Amendment 58 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to optimise and unburdenease the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and additional burdenfacilitate the processes for customs authorities should be limited. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That electronically available and transmit table and certified statement shall confirm that due diligence was carried out and no or only negligible risk was found and shall contain the information set out in Annex II for the relevant commodities and products; statements and certification shall be published and made available for administrative, civic and scientific scrutiny.
Amendment 75 #
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 ismay not be 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 79 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Operators and traders should install an open-access system to allow third parties to submit substantiated concerns about non-negligible risk of non-conformity of the relevant commodity or product placed on the market with the requirements of this regulation. Operators shall assess the substantiated concerns received and follow-up on them pursuant to paragraph 6 of this Article. The Commission may adopt implementing acts concerning technical details for the establishing and maintaining of the access system referred to in paragraph 1.
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7 b. Operators should by any means support the compliance of their suppliers, including smallholders, with the regulation, including through investments and capacity building as well as pricing mechanisms that would enable a living income for the producers they source from.
Amendment 91 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Operators shall ensure meaningful engagement and participation of all relevant stakeholder groups at all stages of the due diligence process. They shall engage with stakeholders prior to taking any decisions that may impact them.
Amendment 95 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 3 as regards meaningful engagement and participation to be conducted to ensure the effectiveness of the due diligence system.
Amendment 98 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country or region 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 and environmental human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 100 #
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
Article 10 – paragraph 2 – point e a (new)
(e a) 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 101 #
Proposal for a regulation
Article 10 – paragraph 2 – point e b (new)
Article 10 – paragraph 2 – point e b (new)
(e b) 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 105 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(f a) the prevalence of business practices, such as purchasing and pricing practices, that undermine the capacity of farmers to produce relevant commodities and products in a manner consistent with the requirements of this Regulation;
Amendment 107 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has, conversion of natural ecosystems or forest and ecosystem degradation, as well as violations of the relevant law have occurred or isare occurring;
Amendment 108 #
Proposal for a regulation
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) complementary information on compliance with this Regulation, which may include information supplied by certification or other third-party-verified schemes, including voluntary schemes recognised by the Commission under Article 30(5) of Directive (EU) 2018/200149 , provided that the information meets the requirements set out in Article 9; _________________ 49 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328/82, 21.12.2018, p. 82–209).
Amendment 111 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity building for suppliers, or other measures pertaining to information requirements set out in Article 9.
Amendment 113 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted ensuring the participation and consultation of Indigenous Peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 116 #
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;
Amendment 117 #
Proposal for a regulation
Article 10 – paragraph 6 – point a a (new)
Article 10 – paragraph 6 – point a a (new)
(a a) Undertakings shall ensure that their purchase policies do not cause or contribute to deforestation, forest or ecosystem conversion or degradation;
Amendment 119 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7 a. In cases where compliance could be reached through targeted support for smallholder suppliers, operators should refrain from abusive disengagement by temporarily suspending trade while pursuing the needed mitigation measures. Where mitigation is not possible or attempts of mitigation have failed, operators shall address the potentialadverse impacts of disengagement on smallholder suppliers and disclose as part of their reporting obligation as referred to in Article 11(2) the number of instances where they have decided to disengage, the reason for this disengagement and the location of the concerned suppliers without disclosing their identity, except where the operator deems it acceptable to do so in accordance with applicable laws.
Amendment 122 #
Proposal for a regulation
Article 12
Article 12
Amendment 129 #
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Amendment 130 #
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 132 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition 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 efficiently the non-compliance to an end as soon as possible within a specified period of time.
Amendment 136 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall be determined by the competent authority and include at least one or more of the following:
Amendment 143 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcomings in the due diligence system which may have led to the non-compliance, in view of preventing the risk of further infringements.
Amendment 146 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to take satisfactory corrective action referred to in paragraph 2 or wherewithin the specified period of time or where to remedy the non- compliance referred to in paragraph 1 persists, competent authorities shall ensure that relevant commodity or the product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 147 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay downFor having equal standards in the European Union, the Commission shall provide by implementing rules on penalties applicable to infringements of the provisions of this Regulation by operators and traders and. Member States shall take all measures necessary to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.
Amendment 151 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) 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 153 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(d b) recall of relevant commodities or products offered for sale including at retailers;
Amendment 155 #
Proposal for a regulation
Article 23 – paragraph 2 – point d c (new)
Article 23 – paragraph 2 – point d c (new)
(d c) 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 Directive2008/99/EC);
Amendment 159 #
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 fourone years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 161 #
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: