18 Amendments of Alexander BERNHUBER related to 2021/0366(COD)
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 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 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 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 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 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.
Amendment 882 #
Proposal for a regulation
Annex I – table
Annex I – table
Cattle ex 0102 Live cattle ex 0201 Meat of cattle, fresh or chilled ex 0202 Meat of cattle, frozen ex 0206 10 Edible offal of cattle, fresh or chilled ex 0206 22 Edible cattle livers, frozen ex 0206 29 Edible cattle offal (excluding tongues and livers), frozen ex 4101 Raw hides and skins of cattle (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split ex 4104 Tanned or crust hides and skins of cattle, without hair on, whether or not split, but not further prepared ex 4107 Leather of cattle, further prepared after tanning or crusting, including parchment-dressed leather, without hair on, whether or not split Cocoa 1801 00 00 Cocoa beans, whole or broken, raw or roasted 1802 00 00 Cocoa shells, husks, skins and other cocoa waste 1803 Cocoa paste, whether or not defatted 1804 00 00 Cocoa butter, fat and oil 1805 00 00 Cocoa powder, not containing added sugar or other sweetening matter 1806 Chocolate and other food preparations containing cocoa Coffee 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion Oil palm 1511 Palm oil and its fractions, whether or not refined, but not chemically modified 1207 10 Palm nuts and kernels 1513 21 Crude palm kernel and babassu oil and fractions thereof 1513 29 Palm kernel and babassu oil and their fractions, whether or not refined, but not chemically modified (excluding Crude oil) 2306 60 Oilcake and other solid residues of palm nuts or kernels, whether or not ground or in the form of pellets, resulting from the extraction of palm nuts oils or kernels oils Soya 1201 Soya beans, whether or not broken 1208 10 Soya bean flour and meal 1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified 2304 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil Wood 4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms 4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared 4406 Railway or tramway sleepers (cross- ties) of wood 4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm 4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed 4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances 4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances 4412 Plywood, veneered panels and similar laminated wood 4413 00 00 Densified wood, in blocks, plates, strips or profile shapes 4414 00 Wooden frames for paintings, photographs, mirrors or similar objects 4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable- drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood (Not including packing material used exclusively as packing material to support, protect or carry another product placed on the market.) 4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves 4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products 9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30 Wooden furniture 9406 10 00 Prefabricated buildings of wood Sugar cane Ex 1212 sugar cane, fresh, chilled, frozen or dried, whether or not ground; Ex 1212 93 sugar cane Ex 1701 cane sugar, in solid form Ex 1701 13 Cane sugar specified in subheading note 2 to this chapter Ex 1701 14 Other cane sugar Ex 1703 10 Cane molasses