156 Amendments of Michal WIEZIK related to 2021/0366(COD)
Amendment 100 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 102 #
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, regulate and help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention and recharge. Large forest areas act as a moisture source and help prevent desertification of continental regions. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems.18 Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans. __________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 108 #
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests and other ecosystems also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation.
Amendment 110 #
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate changeand ecosystems are fundamental to climate resilient development1a. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation and forest degradation and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation. __________________ 1a IPCC Report-Summary for policy makers, February 2022 https://report.ipcc.ch/ar6wg2/pdf/IPCC_A R6_WGII_SummaryForPolicymakers.pdf
Amendment 113 #
Proposal for a regulation
Recital 5
Recital 5
(5) Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors – construction, agriculture, food and drink – all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75% of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity, and ecosystem services present in complex, naturally- regenerating forests with sustained complex symbiotic relationships, as critical inputs for production, notably for medicines, including antimicrobials.
Amendment 115 #
Proposal for a regulation
Recital 6
Recital 6
(6) Climate change, biodiversity loss and, deforestation and the conversion of other ecosystems are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of gender equality and of intergenerational equity.
Amendment 118 #
Proposal for a regulation
Recital 8
Recital 8
(8) As regards the situation of forests within the EU, the State of Europe’s Forests 2020 report21 states that, between 1990 and 2020, the area of forests in Europe has increased by 9%, carbon stored in the biomass has grown by 50% and wood supply has risen by 40%. However, less than 5% of European forest areas are considered undisturbed, or natural, according to the European Environment Agency’s State of the Environment 2020 reportnatural, old-growth forests are also subject to management intensification and their unique biodiversity and structural features are irreversibly lost. However, less than 5% of European forest areas are considered undisturbed, or natural. Forest ecosystems have to cope with multiple pressures generated from human-related activities. These include activities that directly affect ecosystems and habitats such as certain forest management practices. In particular, intensively managed even-aged forests may have a severe impact on whole habitats through clear-cutting and deadwood removal22 a. __________________ 21 Forest Europe - Ministerial Conference on the Protection of Forests in Europe, State of Europe’s Forests 2020, https://foresteurope.org/state-europes- forests-2020/. 22 European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publication s/soer-2020. 22a European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publicatio ns/soer-2020.
Amendment 124 #
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33, and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 127 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Combatting deforestation, forest degradation and the conversion and degradation of other ecosystems also requires consumer awareness of healthier consumption patterns having a smaller environmental footprint.
Amendment 128 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Plant proteins for feeding livestock contribute greatly to deforestation and the conversion of other ecosystems worldwide; deforestation and the conversion of other ecosystems can be countered in particular by reducing the Union’s dependence on imported plant proteins and promoting locally and sustainably sourced plant proteins. The achievement of the objectives of this Regulation must be accompanied by an increase in protein autonomy and the implementation of a Union strategy on plant proteins.
Amendment 130 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect.
Amendment 148 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting enhanced sustainable forest management based on indicators and thresholds, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests and the know how of local communities. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation, including through the use of digital technologies and geospatial information.
Amendment 150 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Smallholders should receive fair remuneration for their production and should not be penalised by this Regulation by having to bear costs relating to the traceability requirement and the transition to sustainable farming practices. These costs should be fairly distributed throughout the value chain. The Commission should therefore carry out an assessment, as soon as possible after the entry into force of this Regulation, of the specific needs in terms of technical and financial assistance and capacity enhancement for smallholders to comply with the new rules.
Amendment 151 #
Proposal for a regulation
Recital 22
Recital 22
(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 Observatory should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory will cooperate closely with relevant international organisations, civil society organisations, research institutes, and third countries. It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. As part of the review of this Regulation, the Commission should examine how the EU Observatory could also be tasked with monitoring changes in other natural carbon-rich and biodiversity-rich ecosystems covered by this Regulation.
Amendment 158 #
Proposal for a regulation
Recital 25
Recital 25
(25) The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures. Focusing only on legality could potentially encourage race to the bottom in countries highly dependent on agricultural exports that may be tempted to lower their environmental protection with a view to facilitating the access of their products to the Union market. Therefore, the new Union legal framework should address both legality and, whether the production of relevant commodities and products is deforestation-free and whether the protection of tenure rights of indigenous and local populations has been maintained.
Amendment 162 #
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation- free” should be sufficiently broad to cover both deforestation and forest degradation, ias well as the conversion and degradation of other ecosystems. It should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 170 #
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 degradation and the conversion and degradation of other ecosystems, and to promote deforestation- free supply chains.
Amendment 172 #
Proposal for a regulation
Recital 30
Recital 30
(30) Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation as well as the conversion and degradation of other ecosystems and the definitions in this Regulation build on this work.
Amendment 175 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, and to ensure that commodities and products from supply chains related to deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems 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 with international human rights law, including the right to prior, free and informed consent. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 180 #
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 degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of landfor point and polygon features of relevant plots of land and coastline areas, which will allow for the zoning of the growing areas. 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). The application of the geolocation requirement in sectors where smallholders represent a significant share of producers could be particularly challenging and guidance, technical and financial support should be provided where relevant. 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 181 #
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 requirements relating to the absence of deforestation and forest degradation and, forest degradation and conversion and degradation of other ecosystems are fulfilled, and that the country of production has complied with the legality requirements are fulfillednd with international human rights law, including the right to prior, free and informed consent, 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 184 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Operators and traders and the competent authorities of the Member States should be able to benefit from the tools made available by the Union when collecting and retranscribing the information required for the due diligence procedure. The agencies in charge of EGNOS/Galileo and Copernicus should strengthen their synergies in order to allow for a holistic approach. Operators and traders, in cooperation with the Commission, should support farmers, particularly smallholders, indigenous peoples and local communities, so that they can procure and make appropriate use of the necessary tools to collect information, including geo-location, and to take ownership of them in a sustainable manner.
Amendment 190 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to recognise good practice, cCertification or other third party verified schemes could be used in the risk assessment procedure, however, they should not in any way substitute the operator’s responsibility as regards due diligenceto conduct due diligence regardless whether the material carries a certification claim.
Amendment 191 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to recognise good practice, certification or other third party verified schemes could be used in the risk assessment procedure, however, they should notunder no circumstances substitute the operator’s responsibility as regards due diligence.
Amendment 195 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation should be promoted. Full respect for international texts and standards, including ILO Convention No 160 on Indigenous and Tribal Peoples, the right to free, prior and informed consent (FPIC) as described by the FAO, and the United Nations Declaration on the Rights of Indigenous Peoples should also be promoted.
Amendment 196 #
Proposal for a regulation
Recital 40
Recital 40
(40) Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. The Commission should, in particular, carry out an analysis of the sanctions applied by the Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation.
Amendment 202 #
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised datadata being anonymised – apart from information concerning the European list of non-compliant operators and traders – and provided in an open and machine- readable format in line with the Union’s Open Data Policy.
Amendment 205 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 209 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the risk of deforestation and forest degradation risk, forest degradation and conversion and degradation of other ecosystems 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, forest degradation and the conversion and degradation of other ecosystems. 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 impact on deforestation impactand the conversion of other ecosystems. 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 cCompetent 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. The Commission should intensify the dialogue and cooperation, in particular with countries or regions identified as high risk, in order to support them in the transition towards sustainable supply chains.
Amendment 216 #
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation, forest degradation and conversion and degradation of other ecosystems associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
Amendment 217 #
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation, repealed Regulation (EU) No 995/2010 and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
Amendment 220 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help increase the pressure from consumers and civil society on non- compliant operators and traders to source from supply chains that are free from deforestation, forest degradation and the conversion and degradation of other ecosystems.
Amendment 221 #
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.
Amendment 224 #
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 towell as the conversion orand 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. These other ecosystems shall be included in the scope of this Regulation in order not to shift the problem of deforestation and forest degradation to these ecosystems. These ecosystems are highly significant to global efforts to combat climate change, as well as to other sustainable development goals, and their conversion or degradation must be prevented.
Amendment 226 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Two years after the entry into force of this Regulation, the Commission should present an assessment of the need to extend the list of relevant products in Annex I to other relevant commodities or products, as well as to other ecosystems.
Amendment 228 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 230 #
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems by reducing the contribution of consumption in the Union, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 235 #
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, including the release for free circulation and all the special Customs regimes, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, 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 237 #
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, crustaceans, poultry, rubber, maize 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 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest degradation and to the conversion and degradation of other ecosystems worldwide
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) addressing human rights violations linked to the production of the commodities covered by this Regulation.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation shall not apply to relevant commodities and products placed on the Union market that were produced before the date established in Article 36(1) except for those already covered by Regulation (EU) No 995/2010 that shall substantiate full compliance of this latter Regulation prior to its repeal.
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'deforestation’' means the conversion of forest to agricultural u, whether human-induced or not, of forest, in particular for agricultural or mining purposes, whether human-induced or noand including conversion of primary or old-growth forest to planted forest or plantation forest;
Amendment 280 #
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 underunder other use, including agricultural or urban land use;
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'mangrove forest ' means a highly specialised forested wetland system occupying intertidal zones, adapted to regular inundation by a range of salinities, which is commonly found in the tropical and subtropical coastal and riverine regions of the world;
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘other ecosystems’ means land with high carbon stocks and land with a high biodiversity value, such as grasslands, savannahs, peatlands and wetlands; this definition extends to ecosystems managed by humans but having an ecological function, structure and biodiversity comparable to natural ecosystems;
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means forest exploitation by 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 servicdiversity, in particular of forest specialist species and of structural and genetic complexity of forest ecosystems and impoverish the web of symbiotic relationships between forest species;
Amendment 307 #
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 causeand other ecosystem degradation’ means a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resul affecting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other procomposition of species and the structure and/or function of those forest ecosystems, whether or not the reductsion or servicdisappearances has direct human causes;
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘conversion of other ecosystems’ means changing a natural ecosystem to another land use, including the severe degradation of an ecosystem or the use of practices resulting in a lasting change in the structure, species composition or function of the ecosystem;
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation-free’ means 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, forest degradation or the conversion or degradation of other ecosystems after 31 December 2020;
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Amendment 332 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, farmed, harvested, raised, fed from or obtained on relevant plot of land or coastline area;
Amendment 344 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘placing on the market’ means the first making available of a relevant commodity or product on the Union market, including the release for free circulation and all the special Customs regimes;
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘right to free, prior and informed consent’ means the right of indigenous peoples and local communities to give and withdraw their consent prior to the establishment of an activity that could affect their rights, land or territories, resources, activities or food security, and to do so through representatives chosen by the local communities or indigenous peoples and in accordance with their norms, customs and values;
Amendment 354 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means a full assessment of both the product-specific and the general information on compliance with Articles 3(a), Article 3 (aa) and 3(b) by relevant commodities or products showing no cause for concern;
Amendment 357 #
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-free’ manner, or they were not produced in accordance with international law and standards on tenure rights and the right to Free, Prior and Informed Consent and/or were not produced in accordance with the relevant legislation of the country of production, or both;
Amendment 382 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) they have been produced in accordance with international law and standards on tenure rights and the right to Free, Prior and Informed Consent;
Amendment 390 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a), 3(aa) and (b). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.
Amendment 391 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a), (b) and (ba). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.
Amendment 394 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By making available the due diligence statement, the operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall therefore undertake reasonable, documented efforts to support their suppliers’ compliance, including smallholders, with the provisions and requirements set out in this Regulation. They shall keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31.
Amendment 395 #
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the relevant commodities and products are not compliant with Article 3(a), (b) or (ba);
Amendment 396 #
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the relevant commodities and products are not compliant with Article 3(a), 3(aa) or (b);
Amendment 397 #
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with Article 3(a), (b) or (ba);
Amendment 398 #
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with Article 3(a), 3(aa) or (b);
Amendment 401 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, or information provided via the rapid alert mechanism, that the relevant commodity or product that they have already placed on the market is notat risk of not being 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. 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 402 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received newor detected new relevant information, including substantiated concerns, 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. 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 405 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators shall take the necessary measures: (a) to consult broadly and without delay with the stakeholders potentially impacted by this Regulation, in particular those that are most vulnerable; and (b) to provide adequate assistance and fair remuneration to their suppliers, in particular small operators, so that they can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain.
Amendment 415 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) The reference number of the due diligence statement or statements assigned by the information system referred to in Article 31 regarding all the relevant commodities or products that have been supplied to them;
Amendment 416 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the name, registered trade name or registered trade mark, the postal addressregistered office in the country, the email and, if available, a web address of the traders to whom they have supplied the relevant commodities and products.
Amendment 422 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received newor detected new relevant information, including substantiated concerns, 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 429 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and productderivatives on the market or beforeprior to exporting them, operators shall exercisedevelop a due diligence with regard to allsystem for each relevant commoditiesy and productsderivative supplied by each particular suppliersupplier in order to ensure that the requirements established in Article 3 (a) and (b) are guaranteed.
Amendment 439 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Operators shall collect information, documents and data demonstrating that the relevant commodities and products are complianty with Article 3. ForTo this purpose, theend, operators shall collect, organise and keep for 5 years the following information relating to the, accompanied by evidence, on each relevant commodities ory and products, supported by evidence:for five years.
Amendment 445 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land and coastline where the relevant commodities and products were produced, as well as date or time range of production;
Amendment 449 #
Proposal for a regulation
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
(g) adequate and verifiable information that the relevant commodities and products are deforestation-free including clear indication that the area characterised by the respective latitude and longitude coordinates falls within a polygon that zones a growing area fulfilling the conditions listed under Article 3(a);
Amendment 452 #
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 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 commoditythe 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;
Amendment 453 #
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 legislation of the country of production, including anyternational law and standards on tenure rights and the right to free, prior and informed Consent, and any other arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;
Amendment 457 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) information on the working conditions of the people who were responsible for the harvesting, processing and treatment of the relevant commodities and products and the conditions under which those activities took place, for the purpose of verifying compliance with the human rights obligations of this Regulation;
Amendment 477 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests and other ecosystems in the country and area of production of the relevant commodity or product;
Amendment 483 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest degradation, forest degradation or conversion or degradation of other ecosystems in the country, region and area of production of the relevant commodity or product;
Amendment 488 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violations of human rights and of the rights of indigenous peoples and local communities, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 494 #
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, forest degradation or conversion or degradation of other ecosystems has occurred or is occurring;
Amendment 495 #
Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) information provided via the rapid alert mechanism;
Amendment 498 #
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, and in such case shall indicate the statistical risk of the respective mass balance system and the certified content threshold characteristic of the scheme for the concept of ‘deforestation-free’, 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 501 #
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, strengthening the capacities of and providing adequate support to suppliers to modify their practices or other measures pertaining to information requirements set out in Article 9.
Amendment 506 #
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, specifying the contact details or an up-to-date contact email address;
Amendment 523 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEs shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8 and the necessary measures set out in Article 4(7a). Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 527 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Operators shall keep for at least 5 years all documentation related to due diligenceue diligence documentation, such as all relevant records, measures and procedures pursuant to Article 8er Article 8, allowing each product or commodity placed on the market, the risk analysis carried out and the result obtained to be identified beyond doubt. They shall make themse available to the competent authorities upon request.
Amendment 532 #
Proposal for a regulation
Article 12
Article 12
Amendment 545 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, if the operator obtains or is made aware of any relevant information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
Amendment 573 #
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 compliance of an operator or trader with this Regulation 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. When reviewing the plans, the competent authorities shallmay 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 Regulation.
Amendment 576 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 3 working days, starting from the date of check when a high risk of non-conformity in the commodities or product is identified in the Register, unless the competent authorities, based on the resultoutcome of the checks conductedarried out within that period, conclude that they require additional time to establishneed more time to determine whether the relevant commodities and derived products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).
Amendment 579 #
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. Competent authorities shall exchange information on and coordinate the development and application of the risk criteria referred to in paragraph 3 with competent authorities of other Member States and, with the Commission and with customs authorities, in order to improve the effectiveness of the enforcement of this Regulation.
Amendment 585 #
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 conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on the rapid alert mechanism or on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 591 #
Proposal for a regulation
Article 14 – paragraph 13
Article 14 – paragraph 13
13. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance. Records of all checks shall be kept for at least 510 years.
Amendment 596 #
Proposal for a regulation
Article 15 – paragraph 1 – point c a (new)
Article 15 – paragraph 1 – point c a (new)
(ca) the use of any technical and scientific means to determine whether the relevant commodity or product is ‘deforestation free’, including Earth observation data such as that obtained from the Copernicus programme and tools;
Amendment 603 #
Proposal for a regulation
Article 15 – paragraph 1 – point f a (new)
Article 15 – paragraph 1 – point f a (new)
(fa) any technical and scientific means adequate to determine the biological species affected by the regulation and contained in the relevant commodity or product included in Annex I, including anatomical, chemical and DNA analysis, among others.
Amendment 604 #
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
Amendment 607 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) examination of documentation and records that demonstrate the compliance with Article 6(2);, (3) and (4).
Amendment 616 #
Proposal for a regulation
Article 18 – paragraph -1 (new)
Article 18 – paragraph -1 (new)
-1. Without prejudice to the obligation of operators to exercise due diligence as provided for in Article 8 and in order to provide assistance to operators and competent authorities in checking the legality requirement referred to in Article 3(b), the Commission shall draw up a non-exhaustive list of relevant legislation in producer countries in consultation with them and any other relevant stakeholders, in particular indigenous peoples and local communities.
Amendment 617 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and, if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation, including as regards the implementation of field audits.
Amendment 618 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements, the nature and results of the controls carried out and any sanctions imposed with other Member States’ competent authorities to facilitate the enforcement of this Regulation.
Amendment 621 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. At the request of a competent authority, Member States shall provide to it, without undue delay, the necessary information to ensure compliance with this Regulation.
Amendment 622 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. For the proper implementation of this Regulation, Member States shall cooperate to establish procedures for the exchange of scientific information, protocols and reference samples, so as to ensure the necessary scientific expertise in all reference laboratories of the Member States for the development of all types of analysis required in the implementation of this Regulation. Member States shall also cooperate in developing open databases among their reference laboratories to ensure efficient use of resources and optimisation of the technical and scientific means referred to in point (f) of Article 15 (1).
Amendment 626 #
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, the number and the results of the controls carried out on operators and traders, including the contents of these checks, 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, including the sanctions imposed, and the costs of controls recovered.
Amendment 641 #
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 1520% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 1520% of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof.
Amendment 644 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, following the checks referred to in Article 15 and 16, possible serious shortcomings 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. Member States shall inform the Commission and the competent authorities of other Member States about such measures directly.
Amendment 649 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to 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 as soon as possible.
Amendment 654 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or donating it to charitable or public interest purposes or destroying the relevant commodity or product.
Amendment 658 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) rectifying flaws in the exercise of due diligence in order to prevent possible future infractions.
Amendment 670 #
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 15% of the operators or trader’s annual turnover in the Member State or Member States concerned and can be increased to ensure that the penalty exceeds the potential economic advantage gained;
Amendment 680 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) restoration of the ecosystem to its previous condition if applicable, in accordance with [the forthcoming 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 681 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) in the case of serious or repeated violations, suspension or withdrawal of the right to submit due diligence statements;
Amendment 688 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Where the deforestation or degradation has been committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment, the act shall be recognised as ecocide. Each Member State shall take the necessary measures to establish its jurisdiction over the offence of ecocide. A Member State shall inform the Commission where it decides to extend its jurisdiction to the offence referred to in the previous subparagraph which has been committed outside its territory where the offence is committed for the benefit of a legal person established on its territory.
Amendment 690 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Without prejudice to the obligations under Directive 2008/99/EC, Member States shall apply criminal sanctions in the case of serious or repeated violations of this Regulation.
Amendment 693 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Establishment of a European list of non- compliant operators and traders 1. The Commission shall draw up a list of operators and traders who have failed to fulfil their obligations under this Regulation. An operator or trader shall be included on that list if an administrative authority or a court of a Member State has imposed on it, in accordance with Article 23 of this Regulation, sanctions which are final. 2. Member States shall notify the Commission without delay of any final administrative or criminal sanction or penalty imposed on an operator or trader for failure to comply with its obligations under this Regulation. 3. Upon receipt of such notification the Commission shall, without delay, include the operator or trader concerned on the list and inform the operator and trader concerned of its inclusion, and update the information system (‘Register’) referred to in Article 31. 4. Member States shall establish more frequent checks on operators and traders on the list, including at least one check within two years of their inclusion on the list.
Amendment 694 #
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Removal from the European list of non- compliant operators and traders The Commission shall remove an operator or trader from the list of non- compliant operators and traders referred to in Article 23a two years after the last administrative or criminal sanction or penalty, provided no other administrative or criminal sanction or procedure concerning an alleged infringement has been reported. The Commission shall, without undue delay, notify the competent authorities of the removal of an operator or trader from the list and update the information system (‘Register’) referred to in Article 31.
Amendment 695 #
Proposal for a regulation
Article 23 c (new)
Article 23 c (new)
Amendment 698 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Customs authorities shall control the correct customs declaration of relevant commodities and products entering or leaving the Union market. Such controls shall be based primarily on risk analysis, with the purpose of identifying and evaluating the risks and developing the necessary countermeasures, and shall be performed within a common risk management framework on the Union level.
Amendment 702 #
Proposal for a regulation
Article 24 – paragraph 8 – subparagraph 2
Article 24 – paragraph 8 – subparagraph 2
Upon notification of thae not compliant status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product —- release for free circulation/export not authorised —- Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation].
Amendment 703 #
Proposal for a regulation
Article 24 – paragraph 8 – subparagraph 3
Article 24 – paragraph 8 – subparagraph 3
Where the relevant commodity or product is subsequently declared for other customs procedures and provided that the competent authorities did not object to such placement, the notice shall be included by operator in the customs declarations and registered, under the same conditions, in the customs data-processing system and, where possible, on the accompanying documents used in connection with any such procedures.
Amendment 708 #
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 711 #
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 720 #
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 724 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and by other stakeholders, such as civil society, including indigenous peoples and local communities, and be based on the following assessment criteria:
Amendment 731 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest, forest degradation and ecosystem conversion and degradation,
Amendment 741 #
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
(d) whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC;
Amendment 744 #
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, forest degradation and the conversion and degradation of other ecosystems and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;
Amendment 745 #
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 the United Nations Declaration on the Rights of Indigenous Peoples, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation or the conversion and degradation of other ecosystems, as well as the human rights violations linked to these phenomena, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation, forest degradation or the conversion and degradation of other ecosystems are applied.
Amendment 759 #
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 low risk country.
Amendment 762 #
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Where a country is placed in the higher risk category, the Commission shall propose that the country engage in sustained dialogue and cooperation, in accordance with Article 28, in order to develop an ongoing partnership aimed at creating the necessary conditions for that country to be able to return to the standard risk category.
Amendment 765 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The CommissionIn a coordinated approach, the Commission and the Member States shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms, forest degradation and the conversion and degradation of other ecosystems, as well as the human rights violations linked to these phenomena. Such partnerships and cooperation mechanisms shall prioritise countries in the higher risk category pursuant to Article 27 and will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the conversion and degradation of other ecosystems, and the transition to sustainable commodity production, consumption, processing and trade methods and, where appropriate, the development of ecotourism based on sustainable management of forests and other biodiversity-rich ecosystems. Partnerships and cooperation mechanisms may include structured dialogues, adequate 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. Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable them to transition to sustainable farming practices and to comply with the requirements of this Regulation. In the context of programming under the Global Europe instrument, adequate financial resources must be available to help meet the support needs of smallholders. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 768 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation as well as with those who are engaged with VPA FLEGT processes to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. 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. Partnerships may also include mechanisms to exchange with the demand-side all the information that guarantees compliance with 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 771 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation shall have adequate financial resources and shall take full account of the information and alerts provided by the EU Observatory. They should allow the full participation of all stakeholders, including civil society, indigenous people, local communities, women and the private sector including, SMEs and smallholders.
Amendment 776 #
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, fiscalincluding tenure rights and the procedural right to give or withhold free, prior and informed consent, fiscal or trade incentives and other pertinent tools to improve forest, other ecosystem 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, strengthen the rights of forest or other ecosystem dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information.
Amendment 779 #
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, forest degradation and the conversion and degradation of other ecosystems, 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 and other ecosystems 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 and other ecosystems.
Amendment 790 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall, without undue delay, 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 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 793 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possible and no later than 30 days from the receipt of the 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 decision to accede to or refuse the request for action and shall provide the reasons for it.
Amendment 802 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Any natural or legal personMember States shall ensure that, in accordance with their national laws, members of the public who havinge a sufficient interest, including those having submitted substantiated concern in accordance with Article 29, shall have access to a court or other independent and impartial public body competent to review the procedural and substantiveor who claim the impairment of a right where administrative procedural law of a Member State requires such a right to be a precondition, have access to a review procedure before a court of law or other independent and impartial body established by law with a view to challenging the substantive or procedural legality of the decisions, acts or failure to act of the competent authority underomissions taken in order to achieve compliance with this Regulation.
Amendment 803 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States shall determine the stage at which decisions, acts or omissions may be challenged.
Amendment 804 #
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1b. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistent with the objective of giving the public wide access to justice. To that end, natural and legal persons having submitted a substantiated concern in accordance with Article 29 and non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed as having a sufficient interest or having rights capable of being impaired for the purpose of paragraph 1 of this Article.
Amendment 805 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as provide adequate and effective remedies, including injunctive relief where necessary.
Amendment 815 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Commission shall establish and maintain, by the date established in Article 36(2), an information system (“Register”) which shall contain the due diligence statements made available pursuant to Article 4(2) and the European list of non- compliant operators and traders referred to in Article 23b.
Amendment 817 #
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) registration of the outcome of controls on due diligence statements and the sanctions imposed;
Amendment 818 #
Proposal for a regulation
Article 31 – paragraph 2 – point e
Article 31 – paragraph 2 – point e
(e) registration of the European list of non-compliant operators and traders and allow the risk profiling of operators, traders and relevant commodities and products for the purpose of identifying high risk consignments according to the risk analysis in Article 14(4);
Amendment 822 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders and/or their legal representatives in accordance with their respective obligations under this Regulation.
Amendment 823 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. IWithout prejudice to the provisions laid down in Articles 23a, 23b and 23c on the European list of non-compliant operators and traders and in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. __________________ 51 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56–83).
Amendment 827 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 832 #
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 ofurther ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiemmodities and the impact of the Regulation on farmers, in particular smallholders, foresters, indigenous peoples and local communities and the possible need for additional support for the transition to sustainable supply chains.
Amendment 842 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 848 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 852 #
Proposal for a regulation
Article 32 – paragraph 2 – point b a (new)
Article 32 – paragraph 2 – point b a (new)
(ba) an analysis of the progress in meeting the objectives of the Regulation, in particular regarding reducing deforestation and forest degradation;
Amendment 853 #
Proposal for a regulation
Article 32 – paragraph 2 – point b b (new)
Article 32 – paragraph 2 – point b b (new)
(bb) an analysis of the efficiency and effectiveness of the obligations imposed by the Regulation on the objectives pursued, in particular the effects on deforestation and the expected environmental benefits;
Amendment 856 #
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 products 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 deforestation, forest degradation and the conversion and degradation of other ecosystems. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 888 #
Proposal for a regulation
Annex I – table
Annex I – table