53 Amendments of César LUENA related to 2020/2006(INL)
Amendment 17 #
Motion for a resolution
Recital A
Recital A
A. Whereas biologically diverse forests being natural carbon sinks are indispensable in the fight against climate change in line with the Paris Agreement’s goals to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1, 5°C above pre-industrial levels, and that the best available science indicates that limiting the increase to 1.5 degrees would substantially reduce harm to people and natural ecosystems in relation to the 2 degrees scenario, as well as for climate change adaptation and biodiversity conservation;
Amendment 29 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the UN IPCC Special Report on Global Warming of 1.5˚C evidences clear benefits to people and natural ecosystems of limiting global warming to 1.5°C compared to 2°C;
Amendment 35 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas emissions from land-use change, mostly due to deforestation, account for approximately 12% of global GHG emissions and are the second biggest cause of climate change after burning coal, oil and gas;
Amendment 38 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. Whereas forests provide subsistence and income for 25% of the world’s population;
Amendment 40 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. Whereas forests have cultural, social and spiritual value for many people and peoples;
Amendment 41 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. Whereas global tree cover loss has been rising steadily over the past 18 years and in 2019 alone 3.8 million hectares of primary rainforests were destroyed;
Amendment 43 #
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. Whereas the livelihoods and food security of many of the world’s rural poor depend on vibrant forests and trees and evidence shows that around 40% of the extreme rural poor – around 250 million people – live in forest and savannah areas;
Amendment 44 #
Motion for a resolution
Recital A h (new)
Recital A h (new)
Ah. Whereas more than three land and environmental defenders were murdered each week in 2018;
Amendment 45 #
Motion for a resolution
Recital A i (new)
Recital A i (new)
Ai. Whereas more than 300 people were killed in resource and land-use conflicts in the Amazon region in the last decade;
Amendment 58 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas 87% of Europeans agree that new laws are needed to ensure the products sold in the Member States do not contribute to global deforestation according to a YouGov poll;
Amendment 78 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that approximately 80% of global deforestation is caused by the expansion of land used for agriculture; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and human rights violations across the globe;
Amendment 85 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes with the highest concern that in the period from 2014 to 2018, the rate of tree cover loss has increased by 43% to an average loss of 26,1 million hectares per year, as compared to 18,3 million hectares per year in the period from 2002 to 2013; is particularly worried about the loss of primary forests as the three most recent years with available data (2016, 2017 and 2018) have registered the highest loss rates this century with deforestation rates in the Brazilian Amazon alone having increased 88% in June 2019 compared to June 2018;
Amendment 96 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights that destruction and degradation of natural forests is not only happening in tropical areas, but all over the world, including inside the Union and in its direct neighbourhood;
Amendment 98 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that any EU legal framework to halt and reverse EU-driven global deforestation (referred to as the EU legal framework hereafter) must also cover the halt and reversal of destruction and degradation of high-carbon stock and biodiversity-rich ecosystems, as otherwise pressure could be shifted to these areas;
Amendment 99 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes, that so far, with the exception for timber and certain wood products, there are no rules in place that prohibit placing on the European market products that contributed to the destruction of forests ; notes that, therefore, consumers of many forest and ecosystem-risk commodities in the Union have no guarantee that these products did not contribute to deforestation and that consequently consumers unblameably, unwillingly and unknowingly drive deforestation;
Amendment 100 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Is convinced that mandatory sustainability rules enacted in a large market, like within the European Union, have the potential of steering global production practices towards more sustainable ones;
Amendment 111 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes business’ growing awareness of the problem of global deforestation and ecosystem destruction, the need for corporate action and corresponding commitments; emphasises, however, that companies’ voluntary anti- deforestation commitments often only cover parts of their supply chains and were, as of yet, not sufficient to halt global deforestation;
Amendment 124 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that voluntary third-party certification schemes alone, to date, are not effective in halting and reversing global deforestation and need to be complemented by mandatory measures; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and implemented well with regard to the sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring, possibilities to monitor the supply chain, and sound requirements to protect primary forests and promote sustainable forest managementother natural forests;
Amendment 132 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises that third-party certification and labels alone unduly shift the responsibility to decide whether to purchase deforestation-free products to the consumers; which will be insufficient in its effectiveness to mainstream more sustainable production; therefore emphasises that third- party certification can only be complementary to, but cannot replace, thorough operators’ due diligence processes of companies and impair the operators’ liability;
Amendment 143 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that the multitude of existing certification schemes and labels leads to consumers’ confusion and impairs their chances to make an informed choice;
Amendment 145 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the criteria for what constitutes a “deforestation-free” commodity or products underpinning certification schemes have not always been comprehensive enough, as they sometimes only cover some of a product's relevant ingredients, only parts of a product’s life-cycle, or use an insufficient definition of “deforestation-free”, which can lead to label-shopping by companies and water down ambition of certification in general;
Amendment 168 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation and forest degradation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highestentailing forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-basedall financial institutions authorised to operate in the Union and that are providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
Amendment 179 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that granting effective access to justice and remedies for victims of corporate human rights and environmental harms must be part of such a legal framework;
Amendment 191 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that forest and ecosystem-risk commodities covered by this EU legal framework should be determined on the basis of objective and science-based considerations that such commodities pose high risks forare associated with the destruction and degradation of forests and high-carbon stock and biodiversity-rich ecosystems, as well as for the rights of indigenous people and human rights in general;
Amendment 207 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that weak land tenure and land rights are an important driver of deforestation and degradation of forests and ecosystems;
Amendment 217 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that local communities, indigenous peoples, land and environmental defenders often are on the frontline of the fights to preserve ecosystems; is concerned that the degradation and destruction of forests and other valuable ecosystems frequently goes along with human rights violations or follows from it; urges, therefore, to include the protection of human rights, in particular land tenure, land and labour rights, with a special view to the rights of indigenous peoples and local communities, within the future EU legal framework;
Amendment 231 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that these obligations should apply to all companies placing forest and ecosystem-risk commodities (FERC) on the Union market, irrespective of their size or place of registration; while recognising that requirements following the operator’s risk assessment must be proportionate to the level of risks associated with the given commodities; believes that in a fragmented end-market, the inclusion of smaller and larger companies is key to ensure both large-scale impact and consumer trust; emphasises that the regulatory framework must not give rise to undue burdens on small and medium-sized producers, including smallholders, or prevent their access to markets and international trade; recognises, due to a lack of capacity; recommends therefore, that due diligence, rethey be supportinged and disclosure requirements must be proportionate to the level of risks associated with the given commoditiebe provided with the necessary tools to be able to produce in compliance with environmental and human rights requirements;
Amendment 241 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that digitalisation and new technology tools hold the potential to provide unprecedented solutions for companies to identify, prevent, mitigate and account for human rights and environmental impacts;
Amendment 242 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls the findings of the study on due diligence requirements through the supply chain, commissioned by the European Commission’s Directorate- General for Justice and Consumers, that finds that a majority of business respondents agree that mandatory due diligence would have a positive impact on human rights and the environment;
Amendment 243 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Notes that initial findings of the same study indicate that extra costs occurring to companies to set up and run due diligence systems are only small;
Amendment 244 #
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Believes that EU-wide mandatory due diligence requirements would provide benefits to business through levelling the playing field by holding competitors to the same standards and would provide legal certainty as opposed to a mosaic of different measures at national level;
Amendment 247 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is convinced that the EU Timber Regulation, especially its due diligence requirements, represents a good model to build upon for a future EU legal framework to halt and reverse EU-driven global deforestation, but that a lack of implementation and enforcement of the EU Timber Regulation, and the non-coverage of certain timber products, means that it does not live up to its spirit and intent; is of the opinion, therefore, that lessons can be learnt from the EU Timber Regulation for improved implementation and enforcement rules for a future EU legal framework to halt and reverse EU-driven global deforestation;
Amendment 293 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point b
Annex I – point 1 – paragraph 2 – point b
b. the supply practices and financing of all economic operators active on the Union internal market,
Amendment 297 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point c
Annex I – point 1 – paragraph 2 – point c
c. production practices of economic operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) or producing FERC- derived products in the Union internal market, as well as the practices of their financiers;
Amendment 313 #
Motion for a resolution
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
The proposal should apply to all economic operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market for the first time, or that provides financing to operators undertaking these activities. This should apply to both Union and non- Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council1 ). _________________ 1Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 344 #
Motion for a resolution
Annex I – point 2 – paragraph 4
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, natural forest degradation, and natural ecosystem conversion and degradation. These commodities should be listed in an annex to the proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 of the European Parliament and of the Council2 (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. To this end, the Commission should first conduct an assessment of the feasibility and the modalities of integrating these commodities, taking into account the upcoming fitness check of the EU Timber Regulation, and ensure that the objectives of the FLEGT Action Plan are not jeopardised and considering the legal and political implications on current Voluntary Partnership Agreements (VPAs) and legally-binding trade agreements between the European Union and a timber-producing country outside the EU. The partner timber-producing countries of the EU should be closely associated with the integration of the Timber commodities covered by the Timber Regulation into the new proposal. _________________ 2Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).
Amendment 356 #
Motion for a resolution
Annex I – point 2 – paragraph 5
Annex I – point 2 – paragraph 5
The Commission should adopt delegated acts to amend the list of commodities and their derived products that are covered by the proposal if evidence emerges concerning the detrimental impact of their harvesting, extraction or production on natural forests, natural ecosystems or human rights. The Commission should have a vigilant, proactive role in identifying emerging risks, and actively consult a diversity of stakeholders with relevant experience to maintain a list of commodities that reflects the state of knowledge about human rights and environment risks in relevant sectors.
Amendment 365 #
Motion for a resolution
Annex I – point 2 – paragraph 6
Annex I – point 2 – paragraph 6
The proposal should equally apply to Union-basedall financial institutions providing moneyauthorised to operate in the Union and who are providing finance, investment, insurance or other services to economic operators that harvest, extract, produce, process or sell forest and ecosystem-risk commodities and their derived products to ensure that these financial institutions themselves and their supply chain companies are respecting the responsibilities on the environment and human rights as set out in the proposal.
Amendment 445 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 1
Annex I – point 3 – point 3.4 – paragraph 1
FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land obtained or used in violation of human rights embedded into national laws, nor those rights expressed, as a minimum, in international agreements, such as thenure rights, rights of indigenous people,s and local communities, including tenure rights and the procedural right to give or withhold their free prior and informed consent as set out for example by the UN Permanent Forum on Indigenous Issues, the right to water and UN and regional treaty bodies, the right to water, the right to defend human rights, labour rights as enshrined in ILO fundamental conventions and other internationally recognised human rights related to land use, access or ownership, and 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.
Amendment 452 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 2
Annex I – point 3 – point 3.4 – paragraph 2
At all stages, harvesting, extracting or producing covered commodities should respect local communities’ and indigenous peoples’ community and land tenure rights in all forms, whether they are public, private, communal, collective, indigenous, women’s or customary rights. Indigenous peoples’ and local communities’ formal and customary rights to lands, territories and resources should be identified and respected, as should their ability to defend their rights without reprisals. Those rights include the rights to own, occupy, use and administer these lands, territories and resources.
Amendment 455 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 3
Annex I – point 3 – point 3.4 – paragraph 3
Commodities covered by the proposal should not be obtained from land whose acquisition and use affects community and land tenure rights. In particular, commodities placed on the Union market should not be harvested, extracted or produced from areas under local communities’ andthe lands of indigenous peoples’ l and and tenure rights in all forms and that have lost that status, unless this occurred in the presence of free, prior and informed consent of the local communities and indigenous peoples concernedlocal communities, both those lands formally titled and those under customary ownership, without their free, prior and informed consent.
Amendment 472 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Economic operators should have a complete overview of all actors at all levels of their value chains, be it suppliers, franchisees, licensees, joint ventuall determine whether the commodities and products in their entire value chains comply with the sustainability and human rights criteria of the proposal, by accessing and evaluating information on the precise land area(s) from where these goods originate. In addition to the environmental criteria, access to information must allow the operator to conclude that those using the land to produce FERCs are entitled to do so and have obtained Frese, investors, clients, contractors, customers, consultants, financial, and legal and other advisers.Prior and Informed Consent (FPIC) from those holding rights on those land areas and that they are not violating, or have violated, any human rights referred to in this proposal. In particular, operators are required to have, and make available, information on:
Amendment 477 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point ii (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point ii (new)
(ii) The present ecological status of the area of harvest, extraction or production;
Amendment 478 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iii (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iii (new)
(iii) The ecological status of the area at the indicated cut-off date of this proposal.
Amendment 479 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iv (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point iv (new)
(iv) Legal status of land (ownership/title including both formal and customary rights of indigenous peoples and local communities to lands, territories and resources) and evidence of Free, Prior and Informed Consent (FPIC).
Amendment 480 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point v (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point v (new)
(v) The elements of the supply chain of the commodity in question, with the aim of having information about the likelihood of contamination risks 1) with products of unknown origin or 2) originating from deforested areas, or 3) from areas in which natural forest, forest and ecosystem conversion and degradation occurred.
Amendment 481 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point vi (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 – point vi (new)
(vi) Where, by whom and under which conditions the commodities are harvested, transformed or processed with a view to determine compliance with the human rights obligations of this proposal.
Amendment 487 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Where an economic operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply chain and investments, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risks analysis should be done with regard to the risks occurring from the economic operator’s activities to, or impact on, the environment, individuals or communitiegenous peoples, local communities and individuals affected, rather than material risk to corporate shareholders.
Amendment 541 #
Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 3
Annex I – point 4 – point 4.3 – paragraph 3
The Commission should adopt delegated acts to set out the format, the frequency and the elements of the reports. In particular, economic operators should, inter alia, report on the system they use and how they apply it to the commodities in question, identified risks and impacts; the actions taken to cease and remedy existing abuses and to prevent and mitigate risks of abuse, as well as their outcomes; the measures and results of monitoring the implementation and effectiveness of such actions, warnings received through the early-warning mechanism and how the economic operator took them into account in their due diligence processes, and a list of all subsidiaries, subcontractors and suppliers, products and their quantity and origin. A failure to publish complete and timely reports should be penalised.
Amendment 561 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
a. Providing for proportionate, effective and dissuasive penalties and sanctions for non-compliance with any of the above-mentioned obligations and where non-compliance with any of the above-mentioned obligations causes, contributes to, is linked to, or aggravates, abuses or the risk of environmental damage or human rights abuses or the risks thereof. These cshould include:
Amendment 569 #
b. Designating competent national investigating and enforcement authorities (‘competent authorities’). The competent authorities should monitor that economic operators effectively fulfil the obligations laid down in the proposal. For that purpose, the competent authorities should carry out official checks, in accordance with a plan as appropriate, which may include checks on the premises of economic operators and field audits, and should be able to adopt provisional orders and, in addition and without prejudice to the application of sanctions, they should have the power to require economic operators to take remedial actions where necessary. The competent authorities should endeavcarry ourt to carry outimely and thorough checks when in possession of relevant information, including substantiated concerns from third parties. They should treat information related to their activity in accordance with Directive 2003/4 on public access to environmental information.
Amendment 578 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 2 – indent 4
Annex I – point 5 – point 5.1 – paragraph 2 – indent 4
- guidance on third-party concerns to establish Union-wide criteria to assess whether a concern is substantial and reliable enough to be acceptprocessed, and develop clear timelines forprocedural standards for the timely, impartial, effective and transparent responses by the national competent authorities towards third-party concerns;
Amendment 593 #
Motion for a resolution
Annex I – point 5 – point 5.2 – point c – paragraph 1
Annex I – point 5 – point 5.2 – point c – paragraph 1