Activities of Manuela RIPA
Plenary speeches (3)
Question Time with Commissioners – Situation of animal health in Europe: how to prevent and prepare for future sanitary crises in agriculture
Tackling the steel crisis: boosting competitive and sustainable European steel and maintaining quality jobs (debate)
Abuse of new technologies to manipulate and radicalise young people through hate speech and antidemocratic discourse (debate)
Oral questions (1)
The Commission’s plans to include the revision of the outstanding proposals on animal welfare in its work plan for 2025
Written questions (1)
Council Decision of 13 July 2018 amending the Act concerning the election of the members of the European Parliament by direct universal suffrage
Amendments (468)
Amendment 37 #
2023/2081(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas in its own-initiative resolution of 16 February 20221a, the European Parliament stressed in particular the role of healthy diets in preventing and limiting the incidence of cancer and encouraged the adoption of harmonised front-of-pack nutrition labelling; whereas the European Parliament supported this initiative in its own-initiative resolution of 20 October 2021 on the farm to fork strategy1b when it called on the Commission to ensure a mandatory and harmonised EU front-of- pack nutritional labelling based on scientific evidence and demonstrated consumer understanding to support accurate information on foods and healthier alternatives; _________________ 1a OJ C 342, 6.9.2022, p. 109. 1b OJ C 184, 5.5.2022, p. 2.
Amendment 40 #
2023/2081(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas effective information tools, such as front-of-pack nutritional labels which have been scientifically proven to be effective, can help consumers opt for foods which are lower in nutrients of concern; whereas, however, information provision, education and awareness campaigns alone are insufficient to achieve the required change towards more sustainable and healthy consumer choices as these can be influenced by other key elements of food environments such as affordability, marketing and availability;
Amendment 141 #
2023/0232(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) PFAS ( Per- and polyfluoroalkyl substances) have been frequently observed to contaminate groundwater, surface water as well as soil. They may alter soil properties and structures, with some of the reported effects including decrease in soil respiration and water stable aggregates, and increase in soil pH.
Amendment 142 #
2023/0232(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Soil degradation impacts fertility, yields, pest resistance and nutritional food quality. Since 95 % of our food is directly or indirectly produced on soils and the global population continues to increase, it is key that this finite natural resource remains healthy to ensure food security in the long-term and secure the productivity and profitability of Union agriculture. Sustainable soil management practices maintain or enhance soil health and contribute to the sustainability and resilience of the food system. Reducing nutrient losses and pesticide residues are essential in this respect.
Amendment 144 #
2023/0232(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Mission board for Soil Health and Food has advocated to aim for 75% of the soils of the European Union (EU) to be healthy or improving by 2030.
Amendment 145 #
2023/0232(COD)
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22 b) The development of organic agriculture is key to improve soil health in agriculture. The holistic and systemic approach of organic farming sustains important soil functions and delivers environmental benefits. Organic agriculture offers multiple solutions by building soil fertility while protecting biodiversity, ensuring good water quality, preventing pollution by refraining from the use of synthetic pesticides and fertilizers and storing carbon in soils, therefore contributing to climate mitigation and adaptation. Organic farming and other agroecological approaches should be incentivized to achieve the objectives of this Directive.
Amendment 149 #
2023/0232(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The long-term objective of the Directive is to achieve healthy soils by 2050. As an intermediate step, in light of the limited knowledge about the condition of soils and about the effectiveness and costs of the measures to regenerate their health, the directive takes a staged approach. In the first stage the focus will be on setting up the soil monitoring framework and assessing the situation of soils throughout the EU. It also includes requirements to lay down measures to manage soils sustainably and regenerate unhealthy soils once their condition is established, but without imposing an obligation to achieve healthy soils by 2050 neither intermediate targets. This proportionate approach will allow sustainable soil management and regeneration of unhealthy soils to be well prepared, incentivised and set in motion. In a second stage, as soon as the results of the first assessment of soils and trends analysis are available, the Commission will take stock of the progress towards the 2035 and 2050 objectives and the experience thereof, and will propose a review of the directive if necessary to accelerate progress towards 2050those objectives.
Amendment 164 #
2023/0232(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Soil is a limited resource subject to an ever-growing competition for different uses. Land take is a process often driven by economic development needs, that transforms natural and semi-natural areas (including agricultural and forestry land, gardens and parks) into artificial land development, using soil as a platform for constructions and infrastructure, as a direct source of raw material or as archive for historic patrimony. This transformation may cause the loss, often irreversibly, of the capacity of soils to provide other ecosystem services (provision of food and biomass, water and nutrients cycling, basis for biodiversity and carbon storage). In particular, land take often affects the most fertile agricultural soils, putting food security in jeopardy. Sealed soil also exposes human settlements to higher flood peaks and more intense heat island effects. Therefore, it is necessary to monitor land take and soil sealing and their effects on soil’s capacity to provide ecosystem services and take appropriate mesures to address land take and soil sealing. It is also appropriate to lay down certain principles to mitigate the impacts of land take as part of sustainable soil management. In its resolution of 28 April 2021 on soil protection, the European Parliament emphasised that a common framework for soil should also consist of provisions regarding the mapping of risk areas and of contaminated, brownfield and abondoned sites.
Amendment 181 #
2023/0232(COD)
Proposal for a directive
Recital 37
Recital 37
(37) To maintain or enhance soil health, soils need to be managed sustainably. Sustainable soil management will enable the long-term provision of soil services, including improved air and water quality and food security. It is therefore appropriate to lay down and implement sustainable soil management principles to guide soil management practices.
Amendment 186 #
2023/0232(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) GAECs 5, 6 and 7 as set out in Regulation 2021/2115 include obligations to improve tillage management to reduce the risk of soil degradation and erosion, including by consideration of the slope gradient and minimum land management reflecting site specific conditions to limit erosion, minimum soil cover to avoid bare soil, protection of soils in periods that are most sensitive as well as crop rotation on arable land. In addition, GAEC 1 on protection of permanent pasture and GAEC 2 protecting wetlands and peatlands and soils high in organic matter, are relevant for soil protection.
Amendment 190 #
2023/0232(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Contaminated sites are the legacy of decades of industrial activity in the EU and may lead to risks for human and animal health and the environment now and in the future. It is therefore necessary first to identify and investigate potentially contaminated sites and then, in case of confirmed contamination, to assess the risks and take measures to address unacceptable risks. Soil investigation may prove that a potentially contaminated site is in fact not contaminated. In that case, the site should no longer be labelled by the Member State as potentially contaminated, unless contamination is suspected based on new evidence.
Amendment 194 #
2023/0232(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Flexibility for the management of potentially contaminated sites and contaminated sites is needed to take account of costs, benefits and local specificities. Member States should therefore at least adopt a risk-based approach for managing potentially contaminated sites and contaminated sites, taking into account the difference between these two categories, and which allows to allocate resources taking account of the specific environmental, economic and social context. Decisions should be taken based on the nature and extent of potential risks for human health and the environment resulting from exposure to soil contaminants (e.g. exposure of vulnerable populations such as pregnant women, persons with disabilities, elderly people and children). The cost-benefit analysis of undertaking remediation should be positive. The optimum remediation solution should be sustainable and selected through a balanced decision-making process that takes account of the environmental, economic and social impacts. The management of potentially contaminated sites and contaminated sites should respect the polluter-pays, precautionary and proportionality principles. Member States should lay down the specific methodology for determining the site-specific risks of contaminated sites. Member States should also define what constitutes an unacceptable risk from a contaminated site based on scientific knowledge, the precautionary principle, local specificities, and current and future land use. In order to reduce the risks of contaminated sites to an acceptable level for human and animal health and the environment, Member States should take adequate risk reduction measures including remediation. It should be possible to qualify measures taken under other Union legislation as risk reduction measures under this Directive when those measures effectively reduce risks posed by contaminated sites.
Amendment 197 #
2023/0232(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Measures taken pursuant to this Directive should also take account of other EU policy objectives, such as the objectives pursued by [Regulation (EU) xxxx/xxxx67 +] that aim at ensuring secure and sustainable supply of critical raw materials for Europe’s industry. _________________ 67 + OP: please insert in the text the number of the Regulation establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020 contained in document COM(2023)160 and insert the number, date, title and OJ reference of that Directive in the footnote.
Amendment 216 #
2023/0232(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The objective of the Directive is to put in place a solid and coherent soil monitoring, resilience, regeneration and remediation framework for all soils across the EU and to continuously improve soil health in the Union with the view to achieve healthy soils by 2050 and maintain soils in healthy conditionin order to achieve 75% of the soils of the Union to be living, healthy or improving by 2035 and healthy, living soils by 2050 at the latest and maintain soils in healthy condition, prevent further deterioration, and compensate unavoidable negative effects, so that they can supply multiple ecosystem services at a scale sufficient to meet environmental, societal and economic needs, prevent and, mitigate and adapt to the impacts of climate change and biodiversity loss, increase the resilience against natural disasters and for food security and that soil contamination is reduced to levels no longer considered harmful to human health and the environment. This Directive therefore sets a binding target of 100% healthy soils across the Union by 2050 at the latest, with an intermediate target of 75% healthy soils by 2035.
Amendment 247 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘ecosystem services’ means direct or indirect contributions of ecosystems to the wellbeing of society as a whole, including economic, social, cultural and other benefits that people derive from those ecosystems;
Amendment 253 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘soil health’ means the physical, chemical and biological condition of the soil determining its capacity to function as a vital living system and to provide ecosystem services, including all aspects of its biodiversity;
Amendment 260 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘sustainable soil management’ means soil management practices that maintain or enhance soil biodiversity as well as the ecosystem services provided by the soil without impairing the functions enabling those services, or being detrimental to other properties of the environment;
Amendment 272 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘land take’ and "soil sealing" means the conversion of natural and semi- natural land into artificial landland that no longer performs its ecological, hydrological and nutrient cycling functions;
Amendment 274 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 17 a (new)
Article 3 – paragraph 1 – point 17 a (new)
(17 a) "De-sealing of soil" means the re- conversion of land that no longer performs its natural soil functions, e.g. infiltration, percolation and hydrological functionality, into functional soil
Amendment 277 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘public concerned’ means the public affected or likely to be affected by soil degradation, or having an interest in the decision-making procedures related to the implementation of the obligations under this Directive, including all stakeholders, inter alia land owners and land users, indigenous people as well as non- governmental organisations promoting the protection of human or animal health or the environment and meeting any requirements under national law.
Amendment 281 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘soil contamination’ means the presence of a chemical or substance or material in the soil inat a concentration that may belead to harmful to humaneffects on human or animal health or the environment;
Amendment 286 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘risk’ means the possibility of harmful effects to human and animal health or the environment resulting from exposure to soil contamination;
Amendment 291 #
2023/0232(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
(26) ‘soil remediation’ means a regeneration action that reduces, isolates or immobilizes contaminant concentrations in the soil. below a toxicity threshold for which significant dangers for organisms associated with or in contact with that soil can be excluded
Amendment 298 #
2023/0232(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The Commission shall issue soil district plan guidelines, based on which Member States and the relevant competent authority shall establish Soil District Plans, taking fully into account the provisions set out in this directive, at latest 3 years after entry into force of this directive. Member States shall ensure that the process of elaboration of these plans is open, inclusive and effective and that the public concerned, including the population of the relevant soil district, landowners, managers, non-governmental organisations and researchers are involved and are given early and effective opportunities to participate in their elaboration.
Amendment 319 #
2023/0232(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) districts pursuant to the Water Framework Directive 2000/60/EC
Amendment 324 #
2023/0232(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall designate the competent authorities responsible at an appropriate level for carrying out the duties laid down in this Directive, taking into account existing administrative divisions and overlapping responsibilities in divisions and overlapping responsibilities, in particular where soil districts are cross- regional.
Amendment 330 #
2023/0232(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Member States shall designate one competent authority for each soil district, or several, established in accordance with Article 4.
Amendment 351 #
2023/0232(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall, subject to agreement from Member States concerned, carry out regular soil measurements on soil samples taken in- situ, based on the relevant descriptors and methodologies referred to in Articles 7 and 8, to support Member States’ monitoring of soil health. Where a Member State provides agreement in accordance with this paragraph, its shall ensure that the Commission can carry out such in-situ soil sampling.
Amendment 372 #
2023/0232(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may adaptshall strenghen the soil descriptors and render more precise the soil health criteria referred to in part A of Annex I, in accordance with the specifications referred to in the second and third columns in part A of Annex I.
Amendment 384 #
2023/0232(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States mayshall set additional soil descriptors and land take indicators, including but not limited to the optional descriptors and indicators listed in part C and D of Annex I, for monitoring purposes (‘additional soil descriptors’ and ‘additional land take indicators’).
Amendment 393 #
2023/0232(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the first soil measurements are performed at the latest by… (OP: please insert the date = 43 years after date of entry into force of the Directive).
Amendment 423 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States shall, in consultation with local and regional authorities, establish operational percentage-based targets for healthy soil for each soil district throughout their territory. Member States shall set targets for the years 2035 and 2050, seeking to achieve the objectives of this directive and the EU soil strategy.
Amendment 464 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Based on the assessment of soil health carried out in accordance with this Article, the competent authority shall, where relevant in coordination with local, regional, national authorities, identify, in each soil district, the areas which present unhealthy soils, reinforce actions pursuant to articles 10, 11, 12, 13, 14, and 15 of this directive, and inform the public in accordance with Article 19.
Amendment 473 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Based on the harmonised format to be proposed by the Commission, Member States shall set up a mechanism for a voluntary soil health certification for land owners and managers pursuant to the conditions in paragraph 2 of this Article.
Amendment 478 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
The Commission mayshall adopt implementing acts to harmonise the format of soil health certification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 483 #
2023/0232(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall communicate soil health data and assessment referred to in Articles 6 to 9 to the relevant land owners and land managers uponand make available, free of charge, to the citizens of their requeslevant soil district, in particular to support the development of the advice referred to in Article 10(3).
Amendment 496 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) defining and enforcing sustainable soil management practices fully respecting the sustainable soil management principles listed in Annex III to be gradually, as well as the principles set out in GAECs 1, 2, 5, 6 and 7 as set out in Regulation2021/2115, to be implemented on all managed soils by 2030 and, on the basis of the outcome of the soil assessments carried out in accordance with Article 9, regeneration practices to be gradually implemented on the unhealthy soils in the Member States;
Amendment 505 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – point b
Article 10 – paragraph 1 – subparagraph 1 – point b
(b) defining soil management practices and other practices affectingthat negatively theaffect soil health to, which shall be avoided by soil managers, finding ways to disincentivise and prevent these practices.
Amendment 509 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
Amendment 515 #
2023/0232(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 4
Article 10 – paragraph 1 – subparagraph 4
Member States shall ensure that the process of elaboration of the practices referred to in the first subparagraph is open, inclusive and effective and that the public concerned, in particular landowners and managcluding landowners, managers, non-governmental organisations and researchers, are involved and are given early and effective opportunities to participate in their elaboration.
Amendment 534 #
2023/0232(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Land take mitigation principles and targets
Amendment 535 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1 Member states shall aim to continously reduce land take with view to achieving the objective of zero net land take by 2050 at the latest, and reduce by half the consumption of natural space, agricultural land and forests between 2025-2035 as compared to the period 2015-2025, while respecting land already designated national and EU protected status.
Amendment 542 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a – introductory part
Article 11 – paragraph 1 – point a – introductory part
(a) avoid or reduce as much as technicalcontinously and economsignificalntly possiblreduce the loss of the capacity of the soil to provide multiple ecosystem services, including food production, by:
Amendment 549 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a – point iii
Article 11 – paragraph 1 – point a – point iii
(iii) performing the land takewhere land take is unavoidable, it must be performed in a way that strictly minimizses the negative impacts on soil, soil fertility, soil biodiversity, water permeability, water filtration and water retention;
Amendment 550 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a – point iii a (new)
Article 11 – paragraph 1 – point a – point iii a (new)
(iii a) establishing a hierarchy where the use of abandoned, brownfield and former industrial sites are prioritised over unsealed and agricultural land; and de-sealing abandoned, brownfield and former industrial sites (once decontaminated) if re-use is deemed impossible.
Amendment 552 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a a (new)
Article 11 – paragraph 1 – point a a (new)
(a a) minimising constructions in Natura 2000 sites, while avoiding largescale developments and land conversion, in line with the birds and habitats directives
Amendment 554 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) compensate as much as possible the loss of soil capacity to provide multiple ecosystem services with land that provides equal or enhanced ecosystem services compared to the soil that was subject to land take as well as through de-sealing soil surfaces and restoring the soil ecosystems.
Amendment 565 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Member States shall establish a comprehenisve mapping of abondoned, brownfield and industrial sites
Amendment 567 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Member States shall register the purpose and activities pursued in cases of land take
Amendment 568 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
No land take, especially no industrial zoning, shall take place on water protection areas such as those protected pursuant to article 6(2) of the Water Framework Directive 2000/60/EC.
Amendment 569 #
2023/0232(COD)
Proposal for a directive
Article 11 – paragraph 1 d (new)
Article 11 – paragraph 1 d (new)
Member States shall ensure easy access to impartial and independent advice on avoiding and minimising land take, training activities and capacity building for all relevant actors including for competent authorities.
Amendment 573 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall manage and continously reduce the the risks for human and animal health and the environment of potentially contaminated sites and contaminated sites, and keep them to acceptable levels, taking account of the environmental, social and economic impacts of the soil contamination and of the risk reduction measures taken pursuant to Article 15 paragraph 4.
Amendment 577 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. The public concerned shall be given early and effective opportunities:
Amendment 580 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. To this end, Member States shall ensure that the public is informed in a timely, adequate and effective manner, including by public notices and electronic media, of: (a) the risk assessment for each specific site, where available; (b) any relevant environmental information held by the competent authority; (c) practical arrangements for participation, including: i. the administrative entity from which the relevant information may be obtained, ii. the administrative entity to which comments, opinions or questions may be submitted, and iii. reasonable timeframes allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decision- making process. A time limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organised, prior notice of at least four weeks shall be given.
Amendment 581 #
2023/0232(COD)
Proposal for a directive
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4 b. In taking a decision pursuant to Articles 12-15, Member States shall take due account of the outcome of the public participation. Member States and competent authorities shall promptly inform the public of the decision and of the reasons and considerations upon which the decision is based, including an explanation of how the outcome of the public participation was taken into account.
Amendment 583 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall systematically and actively identify all sites where a soil contamination is suspected based on evidence collected through all available means (‘potentially contaminated sites’)., including citizens' input, and all available data and images
Amendment 586 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Member States shall set up an archiving policy at each governance level paying special attention to the maintenance of a performant archive system that provides efficient access to research and innovation stakeholders, land users and owners to use soil quality information from these historical data;
Amendment 594 #
2023/0232(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that all potentially contaminated sites are identified by (OP: please insert date = 7 years after date of entry into force of the Directive) and are duly recorded in the register referred to in Article 16 by that date and that any sites of subsequent contamination are also investigated.
Amendment 604 #
2023/0232(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall also establish specific events including but not limited to land use change and building permits, that trigger an investigation before the deadline set in accordance with paragraph 2.
Amendment 607 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall define what constitutes an unacceptable risk for human and animal health and the environment resulting from contaminated sites by taking into account existing scientific knowledge, the precautionary principle, local specificities, and current and future land use.
Amendment 611 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. For each contaminated site identified pursuant to Article 14 or by any other means, the responsible competent authority shall carry out a site-specific assessment for the current and planned land uses to determine whether the contaminated site poses unacceptable risks for human and animal health or the environment.
Amendment 613 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. On the basis of the outcome of the assessment referred to in paragraph 3, the responsible competent authority shall takeensure that the appropriate measures are taken to bring the risks to an acceptable level for human health and the environment (‘risk reduction measures’).
Amendment 614 #
2023/0232(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The risk reduction measures may consist of the measures referred to in Annex V. When deciding on the appropriate risk reduction measures, the competent authority shall take into consideration the costs, benefits, effectiveness, durability, and technical feasibility of available risk reduction measures. The entity or entities responsable for the contamination shall be identified and shall bear associated costs in a proportional manner and where possible, in line with the polluter pays principle.
Amendment 624 #
2023/0232(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Member States shall make public the register and information referred to in paragraphs 1 and 2. Disclosure of any information may be refused or restricted by the competent authority where the conditions laid down in Article 4 of Directive 2003/4/EC of the European Parliament and of the Council79 are fulfilled. _________________ 79 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26), free of charge.
Amendment 628 #
Amendment 629 #
2023/0232(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Given the priority inherently attached to the establishment of soil monitoring and sustainable management and regeneration of soils, the implementation of this Directive shall be supported by existing Union financial programmes in accordance with their applicable rules and conditions. 2. Member States shall where feasible introduce a sanctioning system to dissuade the conversion of agricultural land, greenfields and forests, whereby a levy or a penalty is applied where land- take occurs with soil sealing. On brownfield such a levy shall not be applied.
Amendment 632 #
2023/0232(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
3. Member States shall ensure that sufficient resources are made available to achieve the objectives of this directive.
Amendment 640 #
2023/0232(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)
Article 18 – paragraph 1 – subparagraph 1 – point c – point ii a (new)
(ii a) the fulfilment of the targets for healthy soil established in accordance with article 9a (new);
Amendment 652 #
2023/0232(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall, without any restrictions and free of charge, make public the data generated by the monitoring carried out under Article 8 and the assessment carried out under Article 9 of this Directive accessible to the public, in accordance with the provisions under Article 11 of Directive 2007/2/EC of the European Parliament and of the Council80 for geographically explicit data and Article 5 of Directive (EU) 2019/1024 for other data. _________________ 80 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
Amendment 656 #
2023/0232(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 675 #
2023/0232(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection, or public, or human or animal health, and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.
Amendment 698 #
2023/0232(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. By (OP :please insert the date = 6 years after the date of entry into force of the Directive), the Commission shall carry out an evaluation of this Directive to assess the progress towards its objectives and the need to amend its provisions in order to set more specific requirements to ensure that unhealthy soils are regenerated that 75% of the soils of the European Union (EU) are healthy or improving by 2035 and that all soils will be healthy by 2050. This evaluation shall take into account, inter alia, the following elements:
Amendment 718 #
2023/0232(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Commission shall present a report on the main findings of the evaluation referred to in paragraph 1 to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions, and where relevant, legislative proposals.
Amendment 719 #
2023/0232(COD)
Article24a European Healthy, Living Soils Forum The Commission shall set up a European Healthy, Living Soils Forum to provide input for guidance and facilitate the coordinated implementation of Union legislation and policies related to soil health monitoring and improving soil health, bringing together all stakeholders including competent authorities of the Member States at all relevant levels, the Commission, industry, civil society, and the scientific community at regular intervals. The European Healthy, Living Soils Forum shall exchange experience and good practices, including on sustainable soil management practices, regeneration practices, and soil management practices to be avoided, that can inform and enhance the soil district plans and their implementation and Member States’ approaches to improving soil health.
Amendment 729 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point a
Annex III – paragraph 1 – point a
(a) avoid leaving soil bare by establishing and maintaining vegetative soil cover ensuring living roots all year round, especially during environmentally sensitive periods;areas
Amendment 731 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point b
Annex III – paragraph 1 – point b
(b) minimise physical soil disturbance; prioritise least soil-disturbing tillage practices
Amendment 733 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) avoid inputs or release of substances into soil that may harm human or animal health or the environment, above-ground and soil-based biodiversity, or degrade soil health;
Amendment 735 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point d
Annex III – paragraph 1 – point d
(d) ensure that machinery use is adapted to the strength of the soil, and that the number and frequency of operations on soils are limited so that they do not compromise soil health;, and do not lead to compaction
Amendment 737 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) when fertilization is applied, ensure adaptation to the needs of the plant and trees at the given location and in the given period, and to the condition of soil and prioritize circular solutions that enrich the organic content; with view to achieving zero nutrient losses while prioritising living roots all year round .
Amendment 739 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
(f) iMinimise irrigation and prioritise water retention. In case of irrigation, maximise efficiency of irrigation systems and irrigation management and ensure that when recycled wastewater is used, the water quality meets the requirements set out in Annex I of Regulation (EU) 2020/741 of the European Parliament and of the Council108 and when water from other sources is used, it does not degrade soil health; _________________ 108 Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32).
Amendment 740 #
2023/0232(COD)
(g) ensure soil protection by the creation and maintenance of adequate landscape features at the landscape level;109 _________________ 109 This principle does not apply to forest soil, including but not limited to buffer strips, field margins with native flowers, hedgerows, trees, copses, terrace walls, ponds, habitat corridors and stepping stones
Amendment 743 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point i a (new)
Annex III – paragraph 1 – point i a (new)
(i a) avoid drainage and extraction of peat, rewet degraded peatland and develop sustainable paludiculture practices.
Amendment 744 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point k
Annex III – paragraph 1 – point k
(k) adapt livestock movement and grazing time, taking into consideration animal types and stocking density, so that soil health is not compromised and the soil's capacity to provide forage is not reduced; limiting the total stocking density to one that does not exceed 170 kg of organic nitrogen per year and pet hectare of agricultural area
Amendment 746 #
2023/0232(COD)
Proposal for a directive
Annex III – paragraph 1 – point l a (new)
Annex III – paragraph 1 – point l a (new)
(l a) In case of land use change, avoid losses in the capacity of soils to provide ecosystem services
Amendment 755 #
2023/0232(COD)
Proposal for a directive
Annex I – Part A – Row 2a
Annex I – Part A – Row 2a
Part A: soil descriptors with criteria for healthy soil condition established at Union level Soil erosion Soil erosion ≤ 2 t ha-1 y-1 Badlands and other rate unmanaged natural land areas, except if they (tonnes per hectare per represent a significant (tonnes per areas, except if they represent a significant hectare per disaster risk year) Soil Concentrations Reasonable assurance, No exclusion contamination of an EU obtained from soil point priority list of sampling, identification and pollutants1; investigation of contaminated heavy metals, sites and any other relevant pesticides, information, that no microplastics, unacceptable risk for human veterinary health and the environment 1 footnote 1 e.g. new indicator mentioned in the latest research of the EU Sprint project (Silva et al., 2023) https://www.sciencedirect.com/science/article/pii/S0160412023005536?via%3Dihub products, from soil contamination pharmaceutical exists. s, antimicrobials, Use of |SAIO regulation data2 POPs, PFAS, and Total Applied Toxicity PAHs, disaster risk year) (TAT) indicator3 polychlorinated biphenyls, PCBs, mineral oil, VOCs and contaminants of emerging concern
Amendment 761 #
2023/0232(COD)
Proposal for a directive
Annex I – Part B – Row 2
Annex I – Part B – Row 2
Part B: soil descriptors with criteria for healthy soil condition established at Member States level Soil - concentration Reasonable assurance, No exclusion contamination of heavy metals obtained from soil point in soil: As, Sb, sampling, identification and Cd, Co, Cr investigation of contaminated (total), Cr (VI), sites and any other relevant Cu, Hg, Pb, Ni, information, that no Tl, V, Zn (µg unacceptable risk for human per kg) health and the environment - concentration from soil contamination exists. of a selection of Habitats with naturally high organic contaminants concentration of heavy metals contaminants with high that are included in Annex I of established by priority in soil Council Directive 92/43/EEC910 Member Statesas established shall remain protected. and taking into account existing concentration limits e.g. for water quality 9 at EU level by [2 years after Use of |SAIO regulation data11 entry into force and Total Applied Toxicity of this (TAT) indicator directive] ; a selection of organic and inorganic contaminants established by Member States, including (POP) contaminants regulated by Regulation (EU) No 2019/1021 and taking into account existing concentration 10 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). and air emissions in Union legislatio11 footnote 2 Statistics on Agricultural Inputs and Outputs Regulation 2022/2379 limits e.g. for water quality and air emissions in Union legislation. Accumulation of contaminants should not occur. -concentration of pesticide and biocide residues (priority pesticides for cumulative assessment) - concentration of PFAS (Per- and polyfluoroalkyl substances) -concentration of microplastics - concentration of pharmaceutical and veterinary products - Substances of emerging concern
Amendment 771 #
2023/0232(COD)
Proposal for a directive
Annex I – Part C –Row 6
Annex I – Part C –Row 6
Part C: soil descriptors without criteria Loss of soil biodiversity Soil basal respiration ((mm3 O2 g-1 hr-1) in dry soil Member States mayshall also select other optional soil descriptors for biodiversity such as: soil descriptors for biodiversity such as: - Community-level physiological profiling (CLPP) to analyse the metabolic activity of microorganisms in a mixed microbial community. Shifts in microbial populations often indicate upcoming changes in the overall health of the environment. - Metabarcoding (eDNA) to characterise biodiversity, establish diversity thresholds and monitor community changes. - Microbial biodiversity through PLFA profiles - metabarcoding of bacteria, fungi, protists and animals; - abundance and diversity of nematodes; - microbial biomass; - abundance and diversity of earthworms (in cropland); - invasive alien species and plant pests Additional soil screening Generic chemical screening approaches to assess trends requirements for diffuse pollution. antd pests ossible risks, e.g. pollutants of emerging concern. Use of |SAIO regulation data16, and Total Applied Toxicity (TAT) indicator
Amendment 772 #
2023/0232(COD)
Part D: land take and soil sealing indicators Aspect of soil Land take and soil sealing indicators degradation Land take and soil Total artificial land (km² and % of Member State surface) sealing Land take, Reverse land take Net land take (average per year–- in km² and % of Member State surface) Soil sealing (total km² and % of Member State surface) Unsealed area (total km and % of MS surface) Member States mayshall also measure other related optional indicators such as: including but not limited to: - land fragmentation - land recycling rate - land taken for commercial activities, logistic hubs, renewable renewable energies, surfaces such as airports, roads, mines - consequences of land take such as quantification of loss of ecosystem services, change in floods intensity
Amendment 28 #
Amendment 88 #
2023/0124(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Current practice shows that the use of animal testing is technically no longer necessary to ensure the safety of detergents. All animal testing should therefore be prohibited, and existing products that were developed with the use of animal testing will continue to be allowed to be placed on the market. The Commission should establish relevant alternative methods where necessary and encourage the sharing of information between all relevant stakeholders to support the development of non-animal testing.
Amendment 197 #
2023/0124(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 198 #
2023/0124(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article6b Refill and reuse 1. Without prejudice to Regulation (EC) No 1272/2008 and Regulation …/…, [Packaging and Packaging Waste Regulation], by... [ four years from the date of entry into force of this Regulation], economic operators making detergents in liquid form available on the market directly to end-users shall provide the detergent also in light pouches or similar containers made from mono- materials, allowing the reuse of end- users’ own packaging. 2. Without prejudice to Regulation (EC) No 1272/2008 and Regulation …/…, [ the Packaging and Packaging Waste Regulation], economic operators making consumer laundry detergents available on the market directly to end-users and with a sales area larger than 400m² shall by ...[six years from the date of entry into force of this Regulation] provide refill stations for consumer laundry detergents. 3. Detergents, independent of their classification as hazardous within the meaning of Regulation (EC) No 1272/2008, may be supplied to consumers and professional users via refill stations only if the conditions laid down in section 3.4 of Annex II to Regulation (EC) No 1272/2008 are fulfilled.
Amendment 199 #
2023/0124(COD)
Proposal for a regulation
Article 6 c (new)
Article 6 c (new)
Article6c Animal testing 1. The safety of detergents and conformity with this Regulation shall be established using non-animal new approach methods. 2. The following shall be prohibited: (a) the placing on the market of detergents and surfactants where the final formulation or ingredients or combinations of ingredients have been the subject of animal testing in order to meet the requirements of this Regulation; (b) the performance within the Union of animal testing of finished detergents and surfactants or ingredients or combinations of ingredients in order to meet the requirements of this Regulation. 3. Paragraphs 1 and 2 shall be applicable without prejudice to relevant Union law, and shall not prevent the use of data acquired before the date of entry into force of this Regulation.
Amendment 202 #
2023/0124(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The first paragraph shall not apply to detergents that are industrial biocidal products in accordance with Regulation (EU) No 528/2012 or medical devices in accordance with Regulation (EU) No 2017/745.
Amendment 22 #
2023/0105(COD)
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
Having regard to the World Health Organization (WHO) guideline of 3 July 2023 entitled ‘Policies to protect children from the harmful impact of food marketing’,
Amendment 23 #
2023/0105(COD)
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
Having regard to the World Health Organization (WHO) guideline of 4 March 2015 entitled ‘Sugars intake for adults and children’,
Amendment 24 #
2023/0105(COD)
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
Amendment 28 #
2023/0105(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Council Directive 2001/110/EC20 lays down definitions, names, common rules on composition, quality, and labelling requirements for honey. _________________ 20 Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
Amendment 47 #
2023/0105(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the Green Deal and Farm to Fork Strategy’s objectives of strengthening consumers in making informed choices, including on the geographical origin of their food, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin should be mentionedfully spelled-out rather than abbreviated and mentioned with their exact respective percentage in descending order on the packaging. In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resultingless than 25 grammes and the possible technical difficulties, it is therefore appropriate to exempt those packs from the obligation ofallow producers to listing all individual countries of origin, where the honey originates in more than one countryon single pack using an ISO 3166 code.
Amendment 55 #
2023/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The results of the coordinated action against honey adulteration "From the Hives" carried out by 18 Member States, under the leadership of the European Anti-Fraud Office (OLAF), between November 2021 and February 2022, show that a significant proportion of honey imported into the Union is suspected of being fraudulent, but often goes undetected. Out of 320 samples of honey collected at the Union borders and analysed by the Joint Research Center (JRC) of the European Commission, 46% (i.e. 147) are strongly suspected of adulteration. These fake honeys came mainly from China and Turkey and contain in particular sugar syrups made from beet, rice or wheat1a . This has caused downward pressure on honey prices, especially in the current market where a significant part of honey consumed in the Union is imported. _________________ 1a https://food.ec.europa.eu/safety/eu-agri- food-fraud-network/eu-coordinated- actions/honey-2021-2022_en
Amendment 64 #
2023/0105(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Member States and the Commission must take improved measures to prevent honey fraud. Official batch-sampling and testing of honey from third countries at the Union’s external borders should be required by the Commission, in line with Regulation (EU) 2017/625. The Commission should present a harmonised and compulsory method of analysis to detect cases of fraud and non-compliance with Council Directive 2001/110/EC.
Amendment 72 #
2023/0105(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Directive 2001/110/EC should introduce more inspections and complementing mandatory traceability measures, notably a blockchain technology to allow honey to be traced back to the registered apiary by recording in particular the identifier of the producer, the batch, and each participant in the supply chain, as well as the year of harvest, the geographical origin and the year of bottling.
Amendment 77 #
2023/0105(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) The general principles of EU food law, in accordance with Regulation No 178/2002, prohibit the marketing of unsafe food along with misleading practices for the consumers. National competent authorities must inform the public of non-compliant fraudulent honey put on the Union market and organise recalls.
Amendment 79 #
2023/0105(COD)
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) The term "filtered honey" used in Directive 2001/110/EC is misinterpreted by consumers, who confuse this industrial filtration with the filtration carried out by beekeepers after extracting their honey to remove particles of wax and other foreign elements from the honey. Consequently, filtered honeys as defined in Directive 2001/110/EC should no longer be allowed to be marketed under the name "honey" and the definition of "filtered honey" should be deleted from the text of the Directive.
Amendment 80 #
2023/0105(COD)
Proposal for a directive
Recital 3 f (new)
Recital 3 f (new)
(3f) Heat treatment of honeys is not clearly indicated nor defined according to their respective definitions in Annex I. Heat treatment can affect the composition of honey in various ways, changing its bactericidal and nutritional properties. Consequently, this information on heat- treatment above 40°C (± 5°C) should also be communicated to the consumer, through labelling as a mandatory particular in accordance with Article 9 of Regulation (EU) No 1169/2011.
Amendment 81 #
2023/0105(COD)
Proposal for a directive
Recital 3 g (new)
Recital 3 g (new)
(3g) The definition of honey, as laid down in the current Directive, should be defended at the International Organization for Standardization (ISO), to avoid a definition that would allow to export low-cost products under the name of "honey", to the detriment of the quality and stability of the Union honey market and consumer confidence in Union products.
Amendment 86 #
2023/0105(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In 2012, Directive 2001/112/EC was amended by Directive 2012/12/EU of the European Parliament and of the Council22 to reflect the new rules on authorised ingredients, such as those pertaining to the addition of sugars, which were no longer authorised in fruit juices. In the light of this change of compositional requirements for fruit juices, the fruit juice industry was allowed to use, for one year only, a statement indicating that no fruit juices contain added sugars, in order to inform consumers and enable them to make an immediate clear distinction between fruit juices and other certain similar products in terms of the addition of sugars in the products. This short time- span proved insufficient to inform society that, following the new rules on authorised ingredients, the addition of sugars is no longer authorised in fruit juices. As a result, for some of the consumers and health practitioners, it is still noHowever, this statement is liable to mislead the consumer, as it does not provide clarity that fruit juice has a high free sugar content. A statement clear that fruit juices, contrary to fruit nectars, cannot contain added sugarsifying the high sugar nature of the products will better inform the consumer. _________________ 22 Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ L 115, 27.4.2012, p. 1).
Amendment 88 #
2023/0105(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) A report by the European Food Safety Authority (EFSA) published in February 2022 concluded that even small amounts of sugar can be harmful to health. According to EFSA, the intake of added and free sugars should be as low as possible. The risk of numerous health problems, such as type 2 diabetes or cardiovascular disease, increases with increasing sugar consumption. In terms of health outcomes, EFSA does not make a difference between ‘free’ sugars and ‘added’ sugars.
Amendment 89 #
2023/0105(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) A systematic review by the WHO suggests that non-sugar sweeteners could be linked to an increased risk of type 2 diabetes, cardiovascular disease, all-cause mortality, and increased body weight. The World Health Organization's Cancer Research Agency (IARC) has classified the sweetener aspartame as "possibly carcinogenic to humans". The World Health Organization’s "best buys" and other recommended interventions for the prevention and control of NCDs include policies such as front-of-pack nutrition labelling, reformulation of food products, and policies to protect children from the harmful effects of unhealthy food marketing on their diets.
Amendment 96 #
2023/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Therefore, considering, in particular, that consumers are increasingly aware of health concerns linked to the consumption of sugar, it is appropriate to revise the rules on the use of statements on sugar for fruit juices to allow consumers to make informed choices. It is tTherefore appropriate to reintroduce, without a time limitation, the possibility for the industry to use the statement indicating that no fruit juices contain added sugars, in order to ensure clarity to consumers, fruit juices and fruit nectars should only be allowed to bear a nutrition claim relating to their high sugar content.
Amendment 102 #
2023/0105(COD)
Proposal for a directive
Recital 8
Recital 8
(8) As a result of technical progress, new processing techniques have been or are being developed to entirely or partially remove naturally occurring sugars in fruit juices and fruit juices from concentrate, in order to address the growing consumer demand for products with a lower sugar content. These new techniques should be assessed and this technological progress should not lead to the use of sweeteners to compensate for the effect of sugar reduction on the taste, texture and quality of the final product. Such products can be marketed in the Union to the extent that they comply with all relevant legislation. However, those products are obtained by applying a treatment that is not one of the authorised treatments in Part II, point 3, of Annex I to Directive 2001/112/EC and their total sugar content, known as Brix level for an aqueous solution, is lower than that of juice extracted from the fruit. As a result, they may not bear the product name ‘fruit juice’ or ‘fruit juice from concentrate’.
Amendment 106 #
2023/0105(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Such products are becoming increasingly available on the Union market. In order to facilitate the placing on the internal market of those products, taking also into account the need to encourage product reformulation to reduce the amount of sugars present in fruit juices, a new category of products should be created for fruit juices whose naturally occurring sugars have been entirely or partially removed while keeping all the other essential physical, chemical, organoleptic and nutritional characteristics. These productsHowever, in order to ensure clarity to the consumer, such products shall remain classified as fruit drinks and should not bear the product name ‘reduced-sugar fruit juice’ or ‘reduced-sugar fruit juice from concentrate’ and to have a Brix level lower than that of the juice extracted from the fruit. In order to ensure consistency with Regulation (EC) No 1924/2006 the reduction of sugar content should be at least 30 % compared to fruit juice and fruit juice from concentrate. It is therefore appropriate to add the new category of products in Part I of Annex I to Directive 2001/112/EC as well as to lay down rules on the authorised ingredients for those products, as well as the authorised treatments and substancess defined in Directive 2001/112/EC.
Amendment 110 #
2023/0105(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 113 #
2023/0105(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 2(4) of Directive 2001/113/EC requires the mandatory labelling of sugar content on the labelling, unless a nutrition claim for sugars is made on the labelling. This requirement went further than the rules laid down in Council Directive 90/496/EEC25 , where the inclusion of nutrition information on prepacked foods was voluntary unless a nutrition claim was made and where the nutrition claim was made for sugars, it was to include the amounts of sugar. Directive 90/496/EEC has been repealed and replaced by Regulation (EU) No 1169/2011 of the European Parliament and of the Council26 . Pursuant to that Regulation the provision of nutrition information on packaging is now mandatory. Therefore, a specific provision on sugar labelling is no longer necessary in Directive 2001/113/EC and it iHowever, a revision of Regulation 1169/2011 is needed to empower the consumer and to allow for healthy lifestyle choices. This revision should improve the sugar labelling on the back of pack in order correctly inform consumers of the amount of free and added sugars as ap propriate to delete itortion of total sugars as well as the use of non-sugar sweeteners. _________________ 25 Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (OJ L 276, 6.10.1990, p. 40). 26 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
Amendment 116 #
2023/0105(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The full implementation of Regulation No 1924/2006 on nutrition and health claims made on foods is long overdue and should be carried out without further delays. A robust set of nutrient profiles is awaited since 2009 and should be developed to prohibit the use of claims on foods high in fats, sugars and salt.
Amendment 117 #
2023/0105(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) An effective and EU-wide regulatory approach to tackle the exposure of children and adolescents to the advertising and marketing of processed foods high in fat, sugar and salt on broadcast and digital media would be welcomed.
Amendment 118 #
2023/0105(COD)
Proposal for a directive
Recital 14 c (new)
Recital 14 c (new)
(14c) Front-of-pack nutrition labelling, announced in the Farm to Fork Strategy for 2022, is another tool to support citizens in making healthier food choices and thereby helping to prevent unhealthy consumption of food high in salt, fat and sugar.
Amendment 119 #
2023/0105(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Where the quantity of fruit used to manufacture jams and jellies is increased, the amount of added sugar needed to reach the minimum content of soluble dry matter in these products is reduced. In order to stimulate the production of jams with an increased level of fruit content and thus support the fruit market while taking into account the need to reduce free sugar content, the minimum quantity of fruit to be used in the manufacture of jam, and extra jam laid down in Annex I to Directive 2001/113/EC should be increased. In order to stimulate the production of jellies with an increased level of fruit content and thus support the fruit market, the minimum quantity of fruit to be used in the manufacture of jelly and extra jelly laid down in Annex I to Directive 2001/113/EC should be increased. Moreover, all components have to be indicated and a reduction in sugar content should not be compensated with sweeteners. Similarly, in view of helping consumers to make better informed, healthy food choices, it is appropriate to authorise the use of the reserved names defined in Part I of that Annex for products which have a soluble dry matter content of less than 60 % but meet the conditions applying to the nutrition claim ‘reduced sugars’ laid down in the Annex to Regulation (EC) No 1924/2006 as regards reduced sugar.
Amendment 133 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2001/110/EC
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
(1a) In Article 2, paragraph 2, subparagraph 1 is replaced by the following: "2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name "honey", except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey. comb honey, honey with pieces of comb and industrial honey." Or. en (02001L0110)
Amendment 145 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2001/110/EC
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
In Article 2, paragraph 2, the following point ba is added: "(ba) For honeys produced and imported into the EU, each honey marketed under an identification other than that of the harvesting beekeeper must have an identifier linked to a block-chain traceability system enabling the competent authorities to trace the entire history of the honey back to the harvesting beekeepers or operators in the case of imported honeys."
Amendment 158 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) The country of origin where the honey has been harvested shall be indicated on the label and fully spelled-out rather than abbreviated. If the honey originates in more than one country, the countries of origin where the honey has been harvested, and the indicative percentage of honey from each country of origin shall be indicated on the label of packs containin descending more than 25 gder;
Amendment 166 #
2023/0105(COD)
(aa) The exact percentage of honey from each country of origin shall be marked;
Amendment 168 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a b (new)
Article 2 – paragraph 4 – point a b (new)
(ab) Where packs contain less than 25 g, the countries of origin may be indicated on the label using ISO 3166 country codes, alongside to the indicative percentage.
Amendment 170 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a c (new)
Article 2 – paragraph 4 – point a c (new)
(ac) Where honey has undergone heat treatment above 40°C (± 5°C), it shall be indicated on the label.
Amendment 184 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Directive 2001/110/EC
Article 3 a (new)
Article 3 a (new)
The following Article 3a is added: "Article 3a Bulk containers, packs and trade documents shall clearly indicate if the product has been heat treated above 40°C (± 5°C)."
Amendment 188 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2001/110/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 213 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Directive 2001/110/EC
Annex II – paragraph 2
Annex II – paragraph 2
In Annex II, paragraph 2 is replaced by the following: "When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must, as far as possible, be free from organic or inorganic matters foreign to its composition. With the exception of point 3 of Annex I, it must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been either destroyed or significantly inactivated. " Or. en (02001L0110)
Amendment 239 #
2023/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Directive 2001/112/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council**, the statement ‘no fruit juices contain added/nectars are high in sugars’ mayshall appear on the label in the same field of vision as the name of the products referred to in Part I, point 1, of Annex I to this Directive.
Amendment 245 #
2023/0105(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Article 3 – paragraph 1 – point 1 – point b
Amendment 250 #
2023/0105(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point c
Article 3 – paragraph 1 – point 1 – point c
Directive 2001/113/EC
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Where the rResidual content of sulphur dioxide is more than 10 mg/kg, its presence shall be indicated on the list of ingredients by way of derogation from Article 20 of Regulation (EU) No 1169/2011.;
Amendment 275 #
2023/0105(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point i – indent 2
Annex I – paragraph 1 – point 1 – point b – point i – indent 2
Directive 2001/112/EC
Annex I – part II – point 2 – indent 5 – subparagraph 2
Annex I – part II – point 2 – indent 5 – subparagraph 2
Amendment 281 #
2023/0105(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point i – indent 4
Annex I – paragraph 1 – point 1 – point b – point i – indent 4
Directive 2001/112/EC
Annex I – part II – point 2 – indent 10
Annex I – part II – point 2 – indent 10
Amendment 286 #
2023/0105(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point ii – indent 2
Annex I – paragraph 1 – point 1 – point b – point ii – indent 2
Directive 2001/112/EC
Annex I – part II – point 3 – indent 14
Annex I – part II – point 3 – indent 14
Amendment 4 #
2022/2171(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes with concerns that global textiles production almost doubled in 15 years, due to the development of fast fashion in clothing industry which represents 81% of EU textile consumption; urges the Commission and stakeholders involved in the Transition Pathway to urgently reverse the steam and put an end to this trend, including via binding EU targets for 2030 to introduce recycled content requirements, significantly reduce the EU material and consumption footprints of textiles ecosystem and bring them within planetary boundaries by 2050 at the latest;
Amendment 17 #
2022/2171(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that more than 99 % of the EU textiles ecosystem consists of small and medium-sized enterprises (SMEs); underlines that EU textiles companies face intense competition from Asia, mainly China1 , where environmental regulations are less strict or non-existent; _________________ 1 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, ‘Data on the EU Textile Ecosystem and its Competitiveness: final report’.deplores that women hold less than 25% of leadership positions in top fashion companies, and only 14% of major brands are run by female executives, while representing more than 70% of all employees in textiles industry;
Amendment 28 #
2022/2171(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that ever-increasing regulation, which directly and indirectly affects the EU textiles industry, compounded by the COVID-19 pandemic and the Russian war of aggression against Ukraine, is seriously threatening the competitiveness of EU businesses;Emphasises that an ambitious EU legislative framework is decisive to foster innovation in the single market and in turn, to boost competitiveness of a European industry aligned with the Paris Agreement; stresses that ever-increasing regulation, which directly and indirectly affects the EU textiles industry, contributes to the competitiveness of EU businesses; recalls that the EU textiles ecosystem is in front-runner position in terms of uptake of sustainability practices, and calls on the Commission and the Member States to only implement additional regulations if they facilitateto foster circular and sustainable business models, as many obligations drastically increase costs, especially for SMEsbearing in mind that many EU businesses, especially SMEs are already based on circular business models such as focusing on return, repair or reuse;
Amendment 56 #
2022/2171(INI)
3. Acknowledges the challengesimperative to achievinge a fully circular business model for textile compani, toxic-free and climate positive European textiles industry by 2050 at the latest, in particular owing to current technological and physical constraints on production and recycling, such as the use of chemicals, the lack of circular design, digitalisation gaps and the workforce’s up- and reskilling needs, and calls on the Commission to support circular business models as a lever to ensure a Just Transition by preventing the generation of textile waste while creating job and training opportunities;
Amendment 62 #
2022/2171(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Estimates that upcoming challenges faced by the EU textiles industry also require that the Commission launch a dedicated EU industrial alliance and consider the use of an Important Project of Common European Interest to enable the deep transformation of this industry;
Amendment 69 #
2022/2171(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Welcomes the Digital Product Passport (DPP) as a decisive tool for circularity and social justice; the DPP should empower consumers in their sustainable and circular choices, enable traceability of chemicals and ensure toxic free fibres, and allow to further reward more ethical, just and sustainable industrial practices; considers that, as a complement to the DPP, products must behold the essential information in analog format for consumers to make a well- informed choice when purchasing goods;
Amendment 103 #
2022/2171(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that research and innovation is key to maintaining the EU textiles industry’s leading position in innovation2 , especially in sustainable fibres such as bio-based fibres, in inventing and scaling up circular production and recyclistrengthen the competitiveness of EU textiles industry including in the re-use and recycling sector; recalls that several EU funding opportunities exist, such as via Cluster 2 of Horizon Europe or the European Innovation Council; calls for the creation of a long -technologies, and in harnessing the opportunirm EU research and innovation agenda, inspired by the transition pathway for the textiles offered by digitalisation, e.g. with the Digital Product Passport or smart textiles; _________________ 2 Ibid.ecosystem, towards a complete phasing out of non-recyclable and non- biodegradable synthetic fibres, and a fully circular, toxic-free and climate positive European textiles industry latest by 2050;
Amendment 120 #
2022/2171(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. RecCalls that several EU funding opportunities exist, such as via Cluster 2 of Horizon Europe or the European Innovation Council; calls for the creation of an EU research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role on the Commission to prioritise funding for next generation materials, especially sustainable fibres such as bio-based fibres, plant-based leather, and biodegradable textiles to enable the transition towards a sustainable and regenerative textiles industry, in line withe European Institute of Innovation and Technology (EIT) Knowledge and Innovation Communities (KICs) on Culture & Creativity3 and Manufacturing4 should play in this process. _________________ 3 https://eit.europa.eu/eit-community/eit- culture-creativity. 4 https://www.eitmanufacturing.eu/U climate targets for 2030 and 2050, and to support inventing and scaling up circular production and recycling technologies to maximise textile products’ reusability.
Amendment 122 #
2022/2171(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the high potential of entrepreneurship of the EU textiles ecosystem, populated by numerous designers, retailers and SMEs offering circular products, and suffering from the unsustainable competition from large companies marketing fast fashion products; considers that the innovative and entrepreneurial potential of textiles ecosystem is not yet fairly recognised within the innovation community and calls on the Commission to set up a future EIC Accelerator challenge on breakthrough innovations in green and innovative textiles; considers that EU R&I funding must also contribute to deeply understand the fast fashion phenomenon and the levers to address it from an SSH angle.
Amendment 24 #
2022/2051(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas the Conference brought forward proposals to improve the protection of animals, including through high and common animal welfare norms;
Amendment 90 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
Paragraph 2 – indent 1 – paragraph 1 – point e d (new)
(e d) To ensure high animal welfare standards;
Amendment 108 #
2022/2051(INL)
Draft opinion
Paragraph 2 – indent 1 – paragraph 2 a (new)
Paragraph 2 – indent 1 – paragraph 2 a (new)
Proposes that Article 13 be amended as follows: In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions, customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage', taking into consideration changing public sentiments and evolving scientific knowledge'.
Amendment 128 #
2022/0396(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative featuresnovation in packaging can resulting in significant improvement in the core function of packaging and hasve demonstrable environmental benefits, is given limited additional time of five years to comply with the recyclability requirements. The. Packaging that presents innovative features should be explained in thalways be trechnical documentation accompanying the packagingyclable by design.
Amendment 148 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers in a way that is easy to understand and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. Where present, the labelling system should also inform consumers about substances in packaging that may be hazardous, in line with relevant CLP labelling requirements 30a. _________________ 30a Classification, Labelling and Packaging (CLP) Regulation ((EC) No 1272/2008)
Amendment 152 #
2022/0396(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Labelling of recycled content in packaging should not be mandatory as this information is not critical to ensure the proper end-of-life treatment of packaging. However, manufacturers will be required to meet recycled content targets under this Regulation and they may wishare strongly encouraged to display that information on their packaging to inform consumers thereof. To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the recycled content should be harmonised.
Amendment 179 #
2022/0396(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160 , or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets. _________________ 60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
Amendment 202 #
2022/0396(COD)
Proposal for a regulation
Recital 137
Recital 137
(137) It is necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred, where appropriate, to a date where those preparations can reasonably be finalised. Particular attention should be paid to facilitate compliance by SMEs and micro- enterprises with their obligations and requirements under this Regulation, including through guidance to be provided by the Commission to facilitate compliance by economic operators, with a focus on SMEs and micro-enterprises.
Amendment 242 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
Amendment 337 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 455 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition and on the presence of substances of concern. This label shall serve the purpose of a uniform and intelligible consumer information. This obligation does not apply to transport packaging. However, it applies to e- commerce packaging.
Amendment 485 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 486 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 2418 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 529 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 533 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 544 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States, regional or local authorities may adopt restrictions on the use of packaging formats other than those listed in Annex V to reduce packaging waste.
Amendment 553 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Amendment 563 #
2022/0396(COD)
(a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 570 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 578 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take- away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall ensure that:
Amendment 582 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 588 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 589 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. Economic operators referred to in paragraphs 2 and 3 of this Article shall offer end users the possibility to use their own containers to take away beverages or food.
Amendment 594 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:
Amendment 600 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) from 1 January 2030, 120 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 604 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) from 1 January 2040, 275 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 605 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 623 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6 – introductory part
Article 26 – paragraph 6 – introductory part
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat, shall ensure that:
Amendment 628 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) from 1 January 2030, 120 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 631 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
(b) from 1 January 2040, 275 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 636 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of boxes, pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
Amendment 638 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
(a) from 1 January 2030, 350 % of such packaging used is reusable packaging within a system for re-use;
Amendment 646 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 2030, 120 % of such packaging used is reusable packaging within a system for re-use;
Amendment 654 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 580 % of such packaging used is reusable packaging within a system for re-use;
Amendment 658 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 2030, 120 % of such packaging used is reusable packaging within a system for re-use;
Amendment 666 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 380 % of such packaging used for transport is reusable packaging within a system for re-use;
Amendment 671 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
Amendment 696 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.
Amendment 711 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.
Amendment 715 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 14 – introductory part
Article 26 – paragraph 14 – introductory part
14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 24 to 10 if, during a calendar year, they:
Amendment 742 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point b
Article 26 – paragraph 16 – point b
Amendment 12 #
2022/0115(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs, with decent work conditions, including in rural and less-developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area.
Amendment 48 #
2022/0115(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The relationship between internet domain names and geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest in a registered geographical indication should be empowered to request for the revocation or the transfer of the domain name in case the conflicting domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes the protection of a geographical indication. Alternative dispute resolution procedures should not prejudice the possibility of bringing domain name disputes before a national court. In case of conflicts on demain names with non-EU country codes, or with EU country coudes concerning geographical indications originating in third countries, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN.
Amendment 55 #
2022/0115(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications, for both products originating in the EU and in third countries, is accompanied by effective verification and controls, including the producer’s due diligence.
Amendment 86 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
The Commission shall put in place and maintain an on-line system to enable easy access by consumers to the product specifications behind each geographical indication originating in the EU or in third countries, including geographical indications recognised via trade agreements and under the Geneva Act.
Amendment 135 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) agree sustainability undertakings, including decent work conditions, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;
Amendment 136 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point d – point iii
Article 40 – paragraph 2 – point d – point iii
(iii) carrying out analyses into the economic performance, sustainability of production, and working conditions, as well as the technical characteristics of the product designated by the geographical indication;
Amendment 156 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 4 a (new)
Article 46 – paragraph 4 a (new)
4 a. The Commission shall be empowered to adopt delegated acts to ensure that the verification of compliance of products originating in a third country is equivalent to the verification of compliance of products originating in the EU.
Amendment 166 #
2022/0115(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
The Commission shall be empowered to adopt delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products, other thanwith a view to ensuring that they are subject to an equivalent level of control and enforcement to those originating in the EU, including geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 8 #
2022/0089(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Citizens and consumer are entitled to expect that any geographical indication and quality scheme is backed-up with a robust verification and control system, regardless of whether the product originates from the EU or a third country.
Amendment 18 #
2022/0089(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards, including animal welfare, biodiversity protection and fair working conditions, that are more stringent than the mandatory ones and go beyond good practice. Such specific requirements cshould be set out in the product specification.
Amendment 21 #
2022/0089(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public. The register should enable easy access to the product specifications of each geographical indication and quality scheme, regardless of whether they originate from the EU or third countries, including those recognised via trade agreements and the mechanism foreseen in the Geneva Act.
Amendment 40 #
2022/0089(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30 , which should include a system of controls at all stages of production, processing and distribution, including geographical indications recognised via a trade agreement or under the Geneva Act. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. _________________ 30 OJ L 95, 7.4.2017, p. 1.
Amendment 46 #
2022/0089(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States and with third countries should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 57 #
2022/0089(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards, including animal welfare, biodiversity protection and decent work conditions; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 160 #
2022/0089(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies in the EU Member States and third countries shall comply with the requirements laid down in Regulation (EU) 2017/625, or equivalent legal requirements in third countries. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 170 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third country geographical indications, other thanwith a view to ensuring that geographical indications originating in third countries that are present on the European Union market are subject to an equivalent level of scrutiny to those originating in the EU, including geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 175 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) user satisfaction, from both within the EU and third countries.
Amendment 180 #
2022/0089(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The product specification may also include sustainability undertakings, including animal welfare, biodiversity protection and decent work conditions.
Amendment 181 #
2022/0089(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The product specification mayshould also include sustainability undertakings.
Amendment 184 #
2022/0089(COD)
Proposal for a regulation
Article 73 – paragraph 10
Article 73 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies referred to in paragraphs 2, 5 and 56.
Amendment 187 #
2022/0089(COD)
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 46, Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 73(10), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
Amendment 7 #
2021/2011(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the new EU Action Plan on Critical Raw Materials and stresses that EU trade policy can play a key role as a vehicle for improving EU access to these materials; notes that the COVID-19 outbreak has exposed the lack of resilience of global value chains for certain key products, showing the need for more sustainable, robust and resilient supply chains for critical raw materials; underlines that sustainability requirements regarding the extraction of raw materials should be a precondition to trade and investment in those materials;
Amendment 15 #
2021/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that demand for raw materials is projected to double by 2050 and that the EU is highly reliant on non-EU countries for critical raw materials, making increased resource efficiency and diversified sourcing essential to increase the EU’s security of supply; calls, therefore, on the Commission to diversify the supply sources of critical raw materials as much as possible, and reduce current reliance on a few countries; emphasizes that the extraction of raw materials is significantly harmful for the environment; and therefore that the reliance on consumption of raw materials must be reduced and the EU circular economy enhanced by boosting resource efficiency, scaling-up recycling of primary and secondary raw materials, fostering circular supply chains, advancing end-of-life value chains and by substituting and reducing the use of critical raw materials within value chains; stresses the growing concern that the increased demand of critical raw materials may lead to potential tension with non-EU producer countries, due to environmental and social risks, including stranded assets and higher costs of environmental action; calls on the Commission to focus also on securing supplies by establishing strategic stocks and appropriate stockpiling of critical raw materials in Europe, particularlyalso in light of the uncertainties linked to the evolution of the geopolitical situation worldwide and the potential trade tensions with rich non- EU producer countries; ;
Amendment 30 #
2021/2011(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that global value chains, and in particular critical raw materials value chains, are impacted by detrimental effects of natural or man- made hazards, and stresses that the frequency and impact of those hazards is likely to increase in the future, and being transmitted to different world regions, leading to a subsequent increase of macroeconomic volatility as well as market and trade uncertainty; emphasizes that the environmental and social costs of highly fragmented global value chains using critical raw materials and just-in- time production models are not factored into the prices of these products and thus, result in market failures that could further impact trade relations between the EU and third countries;
Amendment 35 #
2021/2011(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the risks in critical supply chains made apparent by the COVID-19 crisis and calls on the Commission to adopt an EU Sustainable Supply Chain Strategy as a follow-up of the EU Industrial Strategy identifying supply chains built on critical raw materials for which resilience and sustainability would be increased by supply diversification, reshoring and stockpiling; supports the inclusion of reporting provisions required for that analysis in the context of the Corporate Sustainability Reporting Directive;
Amendment 37 #
2021/2011(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for establishing a legal EU framework in the context of the Corporate Sustainability Reporting Directive to subject companies largely exposed to international supply chains to undertake regular 'resilience stress tests' that would map, assess and provide potential responses to their supply chain risks, including externalities as well as social, environmental and political risks;
Amendment 41 #
2021/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that future EU free trade agreements (FTAs) should include a specific focus on raw materials; calls on the Commission to further enhance the enforcement of FTAis of the opinion that specific, sanctionable and targeted sustainability requirements should be integrated in Energy and Raw Materials FTA’s chapters, including inter alia, transparency, participatory requirements, traceability and responsible sourcing requirements; calls on the Commission to further enhance the monitoring, enforcement and inclusiveness of FTAs, including TSD chapters to ensure that commitments and obligations on sourcing of critical raw materials are met by trading partnersdefined and met; calls on the Commission to strengthen cooperation on sustainable sourcing of raw materials with third countries under existing EU policies and instruments, including enlargement, neighbourhood, development and cooperation policies;
Amendment 47 #
2021/2011(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes that the Commission is committed to carry out an ex-post evaluation of the impact of the EU agreements on key environmental aspects, including on climate change; calls for a concrete timeline and stresses that the evaluations should, when necessary, lead to a review of existing agreements in order to address their identified negative impacts; stresses the role of ex-ante, intermediate and ex-post specific impact assessment as regards trade flows on critical raw materials that are facilitated by FTAs;
Amendment 51 #
2021/2011(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission to advance in our relations with partners countries for a global circular economy by proposing a Global Circular Economy Alliance, to bring forward an international agreement on the management of natural resources, and to launch a discussion at the WTO on the constraints posed by the prohibition of local content requirement on the scale-up of a circular economy, to build a stronger partnership with different world regions, in particular with Africa, and to ensure that Free Trade Agreements reflect the enhanced objectives of the circular economy;
Amendment 53 #
2021/2011(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Underlines that stronger controls for EU exports of key critical raw material waste streams, including electronics waste, batteries, and end-of-life vehicles, as well as, hazardous waste coming from resource extraction, are needed to avoid pollution from informal recycling in developing countries, and to establish a level playing field for recycling operators meeting the necessary standards for safe and efficient recovery;
Amendment 62 #
2021/2011(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
Amendment 66 #
2021/2011(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that a fully functioning rules-based multilateral trading system is also key to ensuring opensustainable trade flows of critical raw materials in consistency with the European Green Deal; renews its call on the Commission, in this regard, to pursue its efforts for the modernisation, strengthening and substantial reactivation of the World Trade Organization to fight distortions of international trade and guarantee effective competition worldwide;
Amendment 93 #
2021/0366(COD)
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU should also examine how to integrate land rights monitoring into the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations and third countries.
Amendment 100 #
2021/0366(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest and conversion of natural ecosystems, forest and ecosystems degradation, and to promote deforestation- free supply chains as well as ensure the protection of human rights recognised under international law, in particular under treaties and other instruments ratified or endorsed by the country of production.
Amendment 106 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation, and to ensure that commodities and products from supply chains related to deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production and comply with international standards in the field of human rights to prevent any violation of those. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 110 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 121 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a threewo-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 130 #
2021/0366(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) While tThis Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead toas well as the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.
Amendment 134 #
2021/0366(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation. This Regulation should lay down the steps required for wood and wood-based products covered by a valid FLEGT licenses to fulfil the deforestation-free requirement. The Regulation should foresee specific technical and financial support to VPA partner countries that are willing to revise their Timber Legality Assurance Systems which verify that wood and wood-based products conform to national laws and provide the basis for FLEGT licensing to ensure the required sustainability criteria are met.
Amendment 138 #
2021/0366(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) While tThis Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead toas well as the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 145 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and woodommodities listed in Annex I (“relevant commodities”) and products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”), with a view to
Amendment 151 #
2021/0366(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a This Regulation also lays out obligations for financial institutions operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the EU market of relevant commodities and products.
Amendment 152 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to another land use, including agricultural use, whether human- induced or not; This definition also applies to the conversion of forests that are not plantation forests into plantation forests;
Amendment 156 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) “ecosystem conversion” means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function. This includes severe degradation or the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function.
Amendment 163 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) “natural ecosystem” means an ecosystem that substantially resembles — in terms of species composition, structure, and ecological function— one that is or would be found in a given area in the absence of major human impacts. These include, in particular, land with high carbon stocks and land with a high biodiversity value such as savannahs, grasslands, peatlands and wetlands, such as mangroves. This definition applies to human-managed ecosystems where much of the natural species composition, structure, and ecological function are present.
Amendment 166 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means charvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or servicesnges within a forest that negatively affect its species composition, structure, and/or function and reduce the forest’s capacity to support biodiversity and/or deliver ecosystem services, whether human induced or not;
Amendment 172 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 173 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation, conversion and degradation-free’ means
Amendment 174 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation or ecosystem conversion after December 31, 20208, and
Amendment 178 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the woodrelevant commodities hasve been harvested from the forest without inducing forestproduced without inducing or contributing to forest or ecosystem degradation after December 31, 20208;
Amendment 185 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market when, following a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) and the application of appropriate mitigation measures, by relevant commodities or products showing no cause for concern;
Amendment 186 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation, conversion and degradation-free’ manner, or were not produced in accordance with the relevant legislation of the country of production, or both;
Amendment 188 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities;
Amendment 189 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production;aw’ means
Amendment 191 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point i (new)
Article 2 – paragraph 1 – point 28 – point i (new)
i) the rules applicable in the country of production concerning the legal status of the area of production, land use rights, environmental protection, third parties’ rights, labour rights and relevant tax, anti-corruption, trade and customs regulations under legal framework applicable in the country of production;
Amendment 192 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point ii (new)
Article 2 – paragraph 1 – point 28 – point ii (new)
ii) Human rights protected under international law, in particular under any treaties and other instruments ratified or endorsed by the country of production. These include instruments protecting: customary tenure rights and the right to free, prior and informed consent (FPIC), as set out among others by the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, labour rights as enshrined in ILO fundamental conventions and other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment. Where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with;
Amendment 193 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security. It is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms;
Amendment 194 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28b) ‘Human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms. Human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights. Human rights defenders also promote and protect the rights of members of groups such as indigenous communities.
Amendment 195 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28c) ‘Environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna.
Amendment 196 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 d (new)
Article 2 – paragraph 1 – point 28 d (new)
(28d) 'financial institution’ means: (a) a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013; (b) an insurance undertaking authorised in accordance with Article 18 of Directive 2009/138/EC; (c) an institution for occupational retirement provision authorised or registered in accordance with Article 9 of Directive(EU) 2016/2341 except an institution in respect of which a Member State has chosen to apply Article 5 of that Directive or an institution that operates pension schemes which together have less than 15 members in total; (d) a manufacturer of a pension product as referred to in point (e) of Article 2(2) of Regulation (EU) No 1286/2014 or an individual pension product as referred to in point (g) of Article 2(2) of Regulation (EU) No 1286/2014; or (e) an alternative investment fund manager (AIFM)as defined in point (b) of Article 4(1) of Directive 2011/61/EU; (f) a pan-European personal pension product (PEPP)provider as referred to in point (2) of Article 2 of Regulation (EU) 2019/1238; (g) a manager of a qualifying venture capital fund registered in accordance with Article 14 of Regulation (EU) No 345/2013; (h) a manager of a qualifying social entrepreneurship fund registered in accordance with Article 15 of Regulation(EU) No 346/2013; (i) a management company of an undertaking for collective investment in transferable securities (UCITS management company) as defined in point (b) of Article 2(1) of Directive 2009/65/EU; (j) an investment firm as defined in point (1) of Article 4(1) of Directive 2014/65/EU; or (k) branches, when located in the Union, of financial institutions as referred to in points (a) to (j), whether their head office is situated in a Member State or in a third country;
Amendment 197 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 e (new)
Article 2 – paragraph 1 – point 28 e (new)
Amendment 198 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are deforestation, conversion and degradation-free;
Amendment 200 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of productionaw, as defined in Article 2(28); and
Amendment 205 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on, or export from, the internal market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 207 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Traders which are SMEmicro- enterprises may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2.
Amendment 212 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Traders which are SMEmicro- enterprises shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market:
Amendment 214 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Traders which are SMEmicro- enterprises shall keep the information referred to in this Article for at least 5 years and shall provide that information to the competent authorities upon request.
Amendment 216 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEmicro- enterprises that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.
Amendment 218 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Traders which are not SMEmicro- enterprises shall be considered operators and be subject to obligations and provisions in Articles 3, 4, 5, 8 to 12, 14(9), 15 and 20 of this Regulation with regard to the relevant commodities and products that they make available in the Union market.
Amendment 224 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; for relevant products, the description shall include mention of the relevant commodities, or products derived from them, that are contained as components or ingredients, used as feed or used in the production process;
Amendment 227 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) name, email and address of any business or person from whom they have been supplied with the relevant commodities or products and all other suppliers included upstream in the supply chain;
Amendment 229 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant international law and relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;
Amendment 234 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the assignment of high risk to the relevant country or parts thereof in accordance with Article 27;
Amendment 235 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests or of other natural ecosystems in the country and area of production of the relevant commodity or product;
Amendment 236 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not;
Amendment 237 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(bb) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products
Amendment 238 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystem conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 240 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country or part thereof of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violation of rights of or violence against Indigenous Peoples, local communities or other customary tenure rights holders, as well as human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 242 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation, ecosystem conversion or forest and ecosystem degradation as well as violations of the relevant law has occurred or is occurring;
Amendment 247 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with Article 3(bthe rules applicable in the country of production, as defined in article 2 (28)(a) of this Regulation.
Amendment 248 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Operators shall meaningfully engage with relevant stakeholder groups, including Indigenous Peoples, local communities and other customary tenure right holders, throughout the risk assessment and risk mitigation process. They shall engage with these stakeholders prior to taking any decisions that may impact them
Amendment 252 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Undertakings shall ensure that their purchase policies do not cause or contribute to deforestation, forest or ecosystem conversion or degradation
Amendment 256 #
2021/0366(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 259 #
2021/0366(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Obligations of financial institutions 1. Financial institutions shall provide financial services to customers only when they conclude that there is no more than a negligible risk that the services in question may provide support, directly or indirectly, to activities leading to, or linked with, deforestation, ecosystems conversion, forests and ecosystems degradation or that are taking place in violation of relevant legislation/law; 2. In view of complying with paragraph 1, financial institutions, shall exercise due diligence, as described in paragraph 3, as soon as they establish a business relationship with, and prior to providing financial services to customers; 3. The due diligence shall include: (a) the collection of information and documents, as referred to in Article 12b needed to fulfil the requirement set out in paragraph 1; (b) Risk assessment and mitigation measures as described in Article 12c; 4. For customers with whom they have established an ongoing business relationship before the date of entry into force of this regulation, financial institutions shall complete the relevant due diligence within one year from the date in question;
Amendment 261 #
2021/0366(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12 b Collection of information and documents for financial institutions 1. Financial institutions shall collect the information, documents and data demonstrating that the provision of financial services to customers complies with Article 12a (1). These shall include, at least: a. description of the customer’s economic activities and of the activities of entities controlled by, controlling of otherwise linked to the customer; b. description of the economic activities of the customers’ suppliers and of the suppliers of the other entities listed under paragraph (a) c. when the customer is an operator or trader for the purpose of this regulation, information on the relevant commodities and products placed on, made available on or exported from the Union’s market and on the related exercise of due diligence under this Regulation; d. use, for the activities under (a) and (b) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation; e. policies adopted, and implemented by, the customer and by the entities and suppliers referred to under (a) and (b) in view of ensuring that their activities do not cause deforestation, ecosystems conversion, forests and ecosystems degradation or human rights’ violations; f. independent audits on the effectiveness of the due diligence and policies mentioned under (c), (d) and (e) 2. Financial institutions shall make available to the competent authorities upon request the information, documents and data collected under this article. 3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information, document, and date to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 262 #
2021/0366(COD)
Proposal for a regulation
Article 12 c (new)
Article 12 c (new)
Amendment 263 #
2021/0366(COD)
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Article 12 d Due diligence guidelines In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with stakeholders, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines; when developing those guidelines due account shall be taken i.a. of the UN Guiding Principes on Business and Human Rights and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 264 #
2021/0366(COD)
Proposal for a regulation
Article 12 e (new)
Article 12 e (new)
Article 12 e Relation with other Due diligence requirements Due diligence obligations under this Regulation shall apply independently and without prejudice to any other Union due diligence or sustainability obligations. This regulation shall not modify requirements stemming from other Union sustainability or due diligence legislation.
Amendment 266 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of complianceprevious failures of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks andto ensure compliance with this Regulation, the quantity of relevant commodities and products being placed or made available on the market by the operator or trader, the experience on implementation of the plans, theod of time since the risk assessment for the relevant commodities or products was completent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulationd, the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.
Amendment 268 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. For cases where the relevant commodity or product comes from an area identified as high risk pursuant to Article 27 of this Regulation, the competent authority shall suspend placing on the market and proceed to further checks within 4 working days in order to verify that the relevant commodity or product complies with the requirements set under this Regulation;
Amendment 270 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 510% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 272 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 274 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13a. Records of checks carried out under this regulation and reports of their results and outcomes shall constitute environmental information for the purpose of Directive 2003/4/EC.
Amendment 277 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d – paragraph 1
Article 15 – paragraph 1 – point d – paragraph 1
Amendment 281 #
2021/0366(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Checks on financial institutions 1. Competent authorities shall, with the assistance of the authorities referred to in Article 7 of Directive (EU) 2015/849 conduct checks on financial institutions to establish whether they comply with their obligations under this Regulation and whether the financial services they provide to customers are compliant with the requirements of this Regulation. The provisions on checks laid out in Articles14 and 15 of this Regulation shall apply, with the necessary adjustments, to the checks performed in accordance with this article. 2. Financial institutions shall cooperate with competent authorities to facilitate the performance of checks including by disclosing all the information that is relevant to demonstrate compliance with Articles 12a, 12b and 12c.
Amendment 284 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States or to support enforcement action by these competent authorities.
Amendment 286 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks and the risk criteria on which they are based, the number and the results of the controlhecks carried out on operators and traders, including the contents of these checkresults of these checks, the number and the results of the controls carried out on relevant commodities and products including the results of these controls, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recoveredoperators and traders against whom such measures were taken as well as the trading name of the non-compliant products, the costs of enforcement activities recovered in each instance, and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in line with Article 23 which are final within the preceding four years, including the trading name of the relevant non-compliant products..
Amendment 288 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. In addition to the reporting requirement under paragraph 2, the Commission shall publish in the Official Journal of the European Union a list of operators and traders having failed to fulfil their obligations under this Regulation and the trading name of the relevant non-compliant products, comprised of the operators, traders and non-compliant products included in the lists published by Member States under paragraph 1, regularly updated. For that purpose, Member States shall notify the Commission without undue delay about any final administrative or criminal sanction or penalty imposed on operators or traders for infringing their obligations under this regulation.
Amendment 289 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. Without prejudice to paragraphs 1 to 3, Member States and the Commission shall ensure that the public can enjoy unrestricted access to information relating to the application of this regulation on the basis of Directive 2003/4/EC and Regulation (EC) 1367/2006.
Amendment 10 #
2021/0340(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Annexes IV and V to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants and amending Annex III to Directive 2008/98/EC on waste and repealing certain Directives (Texts with EEA relevance)
Amendment 20 #
2021/0340(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) To ensure effective treatment of waste containing persistent organic pollutants, all waste containing persistent organic pollutants exceeding the concentration limits indicated in Annex IV to Regulation (EU) 2019/1021 should be considered hazardous. Annex III of Directive 2008/98/EC on waste should be amended accordingly.
Amendment 23 #
2021/0340(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) To reflect the changes to Annex IV of Regulation (EU) 2019/1021, the Commission should adopt a delegated act to add PFHxS and PFHxS-related compounds to Annex I. The Commission should also adopt a delegated act to lower the concentration level of short-chain chlorinated paraffins in Annex I of Regulation (EU) 2019/1021 to that of Annex IV of Regulation (EU) 2019/1021 or below.
Amendment 26 #
2021/0340(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Directive 2008/98/EC
Annex III – H 14 a (new)
Annex III – H 14 a (new)
Article 1 a Amendment to Directive 2008/98/EC on waste In Annex III, the following point is inserted: "HP 14a: 'Waste containing persistent organic pollutants' A waste which contains a persistent organic pollutant exceeding the concentration limit indicated in Annex IV to Regulation (EU)2019/1021 shall be considered a hazardous waste by HP 14a."
Amendment 29 #
2021/0340(COD)
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Amendment 35 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b– table
Annex I – paragraph 1 – point 1 – point b– table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
‘Alkanes C10-C13, 85535-84-8 287-476-5 1 500 mg/kg chloro (short-chain chlorinated paraffins) (SCCPs)
Amendment 40 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c– table
Annex I – paragraph 1 – point 1 – point c– table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
Amendment 45 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point d– table Regulation (EU) 2019/1021
Annex I – paragraph 1 – point 1 – point d– table Regulation (EU) 2019/1021
‘Polychlorinate 51 µg/kg (2) d dibenzo-p- dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl- PCBs) ________________ (2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.’
Amendment 443 #
2020/2273(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to design an EU-wide common framework for the protection of soil that shall include common definitions on soil functions and criteria for good status, objectives, indicators, measurable targets and ambitious timelines (based on proper impact assessments), harmonised indicators to monitor soil quality and reporting, ensuring integration with relevant policy instruments;
Amendment 690 #
2020/2273(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to urgently present a proposal for an EU legal framework based on mandatory due diligence that ensures sustainable and deforestation-free value chains and land- neutral trade chains; given the link between deforestation and the emergence of (novel) pathogens, suggests that a major effort be done to retain intact forest cover in tropical countries, and that trade policy should enable legally binding tools to tackle the impact of the EU as the consumer of goods and materials affecting forests worldwide;
Amendment 706 #
2020/2273(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines the need to reduce the contact between wildlife and livestock, as well as wildlife and humans; believes that a trade ban on wild animals and restrictions on the trade of animals such as pets, fur and medicine, as well as a Positive List of allowed species, should be considered to counter the effects of a lack of health checks and limited international regulations; considers that in addition, to reduce the spread to zoonotic diseases through trade and to preserve wild species in global ecosystems, the EU needs more and better border controls; is of the opinion that transnational wildlife traffic crime should be addressed within multilateral efforts against organised transnational crime;
Amendment 711 #
2020/2273(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the Biodiversity Strategy’s commitment to revise by 2021 the EU Action Plan against Wildlife Trafficking to step up efforts to combat the illegal wildlife both within the EU and globally; calls on the Commission to ensure that the post-2020 EU Action Plan against Wildlife Trafficking is fully integrated into the 2030 Biodiversity Strategy, receives adequate funding and includes baselines and measurable indicators so that progress can be assessed and objectives delivered within a specified timeframe;
Amendment 754 #
2020/2273(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines that the new EU Climate adaptation strategy must be fully aligned with the Biodiversity Strategy; calls for the inclusion in the Nature Restoration Plan of specific binding targets for the protection and restoration of ecosystems with the highest potential to capture and store carbon; emphasises the important role of nature-based solutions fostering biodiversity and actions to reduce vulnerability of the population, economic activities, animal welfare and wildlife to natural disasters;
Amendment 777 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made binding; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasons; asks the Commission to: make regulatory risk data more transparent and accessible; strengthen research and education in alternatives to pesticides; stop all exports of crop protection products banned in the EU; and support the re-evaluation of pesticide registrations in developing countries in line with the FAO/WHO Code of Conduct;
Amendment 934 #
2020/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmful to the environment or the welfare of animals, including subsidies relating to animal agricultural production, with a view to their phasing out by 2030 at the latest; reiterates its calls for theto reorientation of public and private financial incentives, including taxation systems, towards biodiversity- positive investments, and increased use of environmental taxation;
Amendment 953 #
2020/2273(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the danger of massive investments in the context of the European Green Deal to the detriment of biodiversity and reiterates that the good target of zero emissions does not justify all means, especially the public support for projects that harm wildlife animals and threaten soil protection;
Amendment 6 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that EU trade policy hascan play a major role to play in the transition towards more sustainable agri-food systems, in line with the Paris Agreement and the European Green Deal; expects the ongoing Trade Policy Review to give the highest priority to anchoring EU trade policy into the European Green Deal Objectives;
Amendment 12 #
2020/2260(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes with concern that research continues to affirm a worrying link between zoonotic diseases, such as COVID-19, and deforestation, climate change and biodiversity loss; Notes also with concern that commercial export- oriented agriculture remains a major driver of global deforestation; underlines the importance of measures ensuring that demand is in line with sustainability goals, as the EU is a significant importer of commodities associated with deforestation, such as soy, palm oil, eucalyptus, rubber, maize, beef, leather and cocoa;
Amendment 18 #
2020/2260(INI)
1b. Regrets that the strategy does not address the potential inconsistencies between its goals and the trade agreements currently negotiated by the EU; proposes that the Commission takes the objectives of its farm to fork strategy as a reference in its ongoing and future trade negotiations in order to ensure that wellbeing of people and the natural environment is secured;
Amendment 24 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the precautionary principle, environmental protection and animal welfare as well as respect of labour rights; further considers that protection of standards in these areas should be enshrined throughout trade agreement provisions and should not be considered as a technical barrier to trade;
Amendment 58 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that sustainable production, including a phase out of chemical pesticides, should become a key characteristic of EU agri-food products, expanding the concept of quality to social and environmental aspects;
Amendment 64 #
2020/2260(INI)
Draft opinion
Paragraph 3 – point a (new)
Paragraph 3 – point a (new)
(a) Welcomes the Commission’s commitment to promote the global phase- out of pesticides no longer approved in the EU and its commitment to ensure that hazardous pesticides banned for use in the EU are not exported outside the EU; urges the Commission to present a legislative proposal to that end as soon as possible; welcomes the Commission’s announcement to review import tolerances for substances meeting the „cut-off-criteria“, and urges the Commission to implement a zero- tolerance policy towards residues of those substances; encourages the Commission to also require that standards are applied that prevent contamination of workers and residents from pesticide use;
Amendment 71 #
2020/2260(INI)
4. Calls on the Commission to pursue the objectives of the Farm to Fork Strategy through the development of Green Alliances in all relevant forums, including the UN Food Systems Summit 2021; considers that EU should seek to ensure that the 2021 Summit builds on the voices of smallholder women food producers and family farming; equally considers that EU should reconfirm the mandate of the Committee on World Food Security as the foremost inclusive international and intergovernmental policy platform on food security and nutrition;
Amendment 85 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. EWelcomes the ambition of the Farm to Fork Strategy to ensure ambitious and fully enforceable sustainable development chapters in all EU bilateral trade agreements; emphasises the importance of strengthening enforceableility of Trade and Sustainable Development chapters in trade agreements to promote biodiversity, animal welfare, raise labour standards, foster more sustainable agri-food production and stop EU-driven global deforestation; points out that the enforceability of the trade and sustainable development chapters could be significantly improved through various enforcement methods, including a sanctions-based mechanism as a last resort; calls for “trade and sustainable development” chapters to include roadmaps with milestones subject to ex- post Sustainability Impact Assessments and that the lowering of (non)tariff barriers be made conditional thereon; expects the Chief Trade Enforcement Officer to fully play its role in strengthening enforcement of TSD chapters, in particular by ensuring appropriate follow up of civil society complaints regarding human rights, environmental concerns and animal welfare concerns; urges support for developing countries to promote food security and alignment with European standards for sustainability;
Amendment 101 #
2020/2260(INI)
Draft opinion
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Notes that Trade and Sustainable Development chapters do not address the potential negative impacts of Trade agreements on land use change, deforestation or climate change; considers that European and international environmental, safety, animal welfare and social standards should apply comprehensively in all chapters in trade agreements, in order to preclude any other trade provisions from undermining these standards;
Amendment 103 #
2020/2260(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is convinced that legislation for mandatory EU-level horizontal due diligence throughout the supply chain for EU and foreign companies operating within the single market is necessary to achieve the SDGs, to promote good governance, to increase traceability and accountability in global supply chains;
Amendment 107 #
2020/2260(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for better traceability of ingredients and products within the whole food chain, which would help to combat fraud and prevent contaminated products from reaching consumers; calls for greater attention to controls on imported goods from third countries and their compliance with EU standards on food and feed safety;
Amendment 109 #
2020/2260(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes the ambition of the farm to fork strategy that imported products must continue to comply with relevant EU regulations and standards; notes that EU rules currently do not apply to all imported goods; asks the Commission to raise the ambition by ensuring that products imported to the EU fully meet relevant EU regulations and standards, in particular in the field of animal welfare, the use of pesticides and the fight against antimicrobial resistance; stresses the importance to provide development assistance and support primary producers from developing countries to meet those standards when they export to Europe; calls for a monitoring method that ensures compliance;
Amendment 111 #
2020/2260(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls its demands to the Commission on the EU legal framework to halt and reverse EU-driven global deforestation, in particular its call to develop strong legislation on forest risk commodities such as soy, palm oil, rubber, maize, beef, leather and cocoa; Asks that the F2F strategy ensures that all products placed on the EU market are free from deforestation and human rights violations; insists that no trade agreement leading to deforestation should be negotiated by the Commission; stresses the importance of the EU in supporting policies that promote community-based forest management and equitable access of small forest holders to local, regional and global markets;
Amendment 121 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses theNotes the potential risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to present a comprehensive impact assessment of the targets envisaged in the Strategy, as well as proportionate measures to maintain the competitiveness of the EU agri-food sector and ensure reciprocity of standards; recalls that impact assessments are an integral part of EU rule making process and that economic effects are taken into account;
Amendment 123 #
2020/2260(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the FAO report Natural Capital Impacts in Agriculture, 2015 on harmful environmental external costs for food consumption,
Amendment 133 #
2020/2260(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the EUPHA report on healthy and sustainable diets 2017 showing EU meat consumption is twice as high as recommended,
Amendment 146 #
2020/2260(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to the 2020 report commissioned by the European Parliament’s Committee on Petitions, entitled “Ending the Cage Age: Looking for Alternatives”,
Amendment 147 #
2020/2260(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to the World Bank report Obesity, Health and Economic Consequences of an Impending Global Challenge, February 2020,
Amendment 149 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the proposed new initiative on climate and trade at the WTO and urges the Commission to continue to develop an ambitious, WTO-compatible sustainable trade policy. considers that some of the current WTO rules are an obstacle to the fostering of the ecological transition; underlines that unfair competition from third countries with lower environmental and social standards is a major hindrance to farmers’ acceptance of new ecological measures; calls on the Commission to engage proactively in reforming WTO rules with a view to ensure trade policy coherence with the SDGs;
Amendment 151 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports international cooperation on food research and innovation in important areas such as climate change adaptation and mitigation, agro-ecology, sustainable landscape management and land governance, resilience, inclusive and fair value chains, and prevention of and response to food crises; emphasises in particular the need for more research and transfer of knowledge on agroecological practices and territorial markets for agroecological products in parallel with public policies supporting the agroecological transition; recommends that cooperation should also focus on smallholder farmers and small-scale food producers, as these would benefit most from such cooperation;
Amendment 153 #
2020/2260(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to the Council public consultation for the EU Green Deal carbon border tax adjustment mechanism,
Amendment 154 #
2020/2260(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
- having regard to the proposals for a more beneficial VAT treatment for products with low CO2 emissions, a positive list, in the ECOFIN Report to the European Council on tax issues from June 2020,
Amendment 158 #
2020/2260(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the zero tolerance approach in the fight against illegal, unreported and unregulated fishing; recalls that traceability of supply chains is key to be successful in this fight; underlines that seafood traceability benefits EU consumers as well as third countries;
Amendment 160 #
2020/2260(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recommends that trade agreements only grant further trade preferences for animal-based products upon the condition that they respect all EU relevant animal welfare standards, including standards currently not applied to imported products; stresses the need to allocate sufficient resources to the implementation of provisions on animal welfare cooperation and to always include strong and enforceable animal welfare provisions in trade agreements.
Amendment 245 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas European citizens are increasingly concerned about the welfare of animals in the agricultural sector and expect the EU to transition away from intensive farming practices, like caged farming; whereas the European Citizens’ Initiative (ECI) “End the Cage Age”, which calls on the EU to phase-out the use of cages in animal farming, has collected nearly 1.4 million certified signatures, qualifying as one of the few successful ECIs; whereas the European Committee of the Regions committed to the objective of ending caged farming and many EU member states already adopted national legislation which goes beyond the minimum EU standards, increasing the urgency for legislative action, at the EU level, to end this inhumane practice and ensuring a level-playing field for farmers across the EU;
Amendment 289 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU; whereas this agricultural model is endangered by the ongoing takeover of production capacities by industrial and multinational companies that rely on large-scale, automated and cage-based production methods;
Amendment 584 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail; further stresses the need to set up a greenhouse gas (GHG) emissions reduction scheme for the food and retail sectors, aimed at ensuring climate-neutral food chains;
Amendment 756 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices and developing health-oriented systems for rearing of animals in order to prevent diseases without routine use of antimicrobials; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targets;
Amendment 774 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the announcement of tax incentives that drive the transition to a sustainable food system and encourage consumers to choose sustainable and healthy diets, like the Commission’s proposal on VAT rates that could allow Member States to make more targeted use of rates, for instance to support organic fruit and vegetables. EU tax systems should ensure that food prices reflect real costs in terms of use of finite natural resources, pollution, GHG emissions and other environmental and public health- related externalities;
Amendment 950 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions, nitrogen, biodiversity loss and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors;
Amendment 1031 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that the lack of a clear definition of intensive animal farming in the EU legal system makes it impossible to distinguish between small-scale and industrial animal rearing and, as a result, allows EU funds to be spent on unsustainable practices and impedes the ecological transition of the agricultural sector;
Amendment 1032 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets that the Commission, despite acknowledging the impact of the livestock sector on climate, did not comprehensively cover this issue in its communication on the farm to fork strategy.
Amendment 1039 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that each years, in the EU alone, over 300 million farmed animals spend all, or a significant part, of their lives imprisoned in cages; stresses that this practice causes tremendous suffering, as these sentient beings cannot perform most of their natural behaviours, resulting in physical and psychological illness; calls on the Commission to put forward, without delay, a legislative proposal to phase-out the use of cages for all farmed animals, while ensuring, together with Member States, appropriate measures to assist farmers in this transition;
Amendment 1061 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that, unless animal production standards in third countries are aligned with those of the EU, imports of animal products from third countries should be forbidden;
Amendment 1117 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 1176 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown GMO-free plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1216 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal GMO-free food production, notably through fostering short supply chains and quality food production; CAP National Strategic Plans offer a unique opportunity to implement synergies between climate neutrality and sustainable methods of animal husbandry. They should help Member States and their farmers reallocating funds to the promotion of higher welfare and sustainable livestock farming systems;
Amendment 1440 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability, including cage-free animal farming, through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
Amendment 1492 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating animal welfare, economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options andwhile also reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; _________________ 22 OJ L 111, 25.4.2019, p. 59. 22
Amendment 1498 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that unsubstantiated and often misleading claims and images are used on food packaging, decreasing the transparency of products for consumers; emphasises the need to regulate front of pack claims and images making it difficult for consumers to make healthy, animal welfare-friendly and environmentally friendly food choices;
Amendment 1501 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the Council Conclusions of 15 December 2020 on an EU-wide animal welfare label; recalls that a majority of European citizens are interested in receiving information on farmed animal welfare when buying animal products; calls on the Commission to develop a harmonised multi-tiered animal welfare labelling system including pictures on how animals are kept under organic farming, conventional farming and factory farming methods and clearly and concisely indicating the feeding methods especially the use of GMOs, antibiotics and herbicides;
Amendment 1554 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, with a view to enhancing its contribution to sustainable production and consumption, notably by focusing on educational messages about the importance of healthy nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates and other food related diseases like type 2 diabetes;
Amendment 1570 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the fact that, according to the European Environmental Agency, in the EU, meat and dairy products contribute 6 % of the economic value of food but to 24 % of the environmental impacts (including CO2 and GHG emissions);
Amendment 1672 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system to empower consumers to make informed, healthy and sustainable food choices based on independent science;
Amendment 1750 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one; urges the Commission to present legal or fiscal instruments by 2022 to translate these principles into practice, such a zero VAT tax for healthy and sustainable food products (e.g., organic vegetables and fruits) and/or higher VAT taxes for food products with proven negative impacts on public health or the environment;
Amendment 1869 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment;animal welfare and the environment; calls for EU targets to reduce the EU consumption of meat and sugar per capita by 2030 and 2040, emphasises that EU-wide guidelines, including clear targets, for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines andon specific actions by the EU, national governments and non- governmental stakeholders to effectively promote healthy plant-based diets;
Amendment 1912 #
2020/2260(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 1952 #
2020/2260(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the EU Commission proposal for an Action Plan on organic farming to help Member States stimulate both supply and demand for organic products to reach the objective of at least 25% of the EU’s agricultural land under organic farming by 2030; urges the Commission to support Member States and the retail sector to sign agreements on increasing sales of organic food and start promotion campaigns and reduce taxes for retailers selling specific levels of organic products, to make sure demand and supply will be in balance;
Amendment 1965 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organic and local food production and to promote more healthywith higher animal welfare standards and to promote healthier and plant-based diets by creating a food environment that enables consumers to make the healthy choice; emphasises that public procurement legislation should also include obligations for rewarding ‘true pricing’ of food, including external environmental costs, that give the right price signals to consumers making healthy, sustainable food the most easy and affordable choice;
Amendment 2121 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage consumers to buy more healthy sustainable food, develop standardised methods for calculating environmental costs for food products, encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States;
Amendment 2197 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; asks the Commission to adopt legislation for a carbon border adjustment mechanism for food imported to the EU from countries with lower standards for climate policies for the agricultural sector, lower standards for deforestation policies, or higher carbon footprints per kg, for products like meat, dairy and animal feed compared to European equivalent products;
Amendment 2240 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Asks the Commission and the Member States to stop exports of all types of plant protection products which are banned in the EU for reasons of health or environmental protection and to ban food imports produced with such pesticides, helping to promote sustainable food systems across the globe;
Amendment 2271 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Recommends that trade agreements only grant further trade preferences for animal-based products upon the condition that they respect all EU relevant animal welfare standards, including standards currently not applied to imported products (“conditional liberalisation”); recommends that trade agreements allocate sufficient resources to the implementation of provisions on animal welfare cooperation and include an article on “Sustainable Agriculture” in the “Trade and Sustainable Development” Chapters. These provisions should make clear animal welfare is linked to sustainable agriculture;
Amendment 131 #
2020/2134(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the President of the European Parliament to create a Prize of the European Parliament specifically designed to reward environmental defenders and climate change activists, distinct from other European human rights awards; all those who, in the EU and all over the world, stand up in support of environmental rights play a special role in the management of natural resources and, as such, they deserve public recognition and a high degree of encouragement;
Amendment 3 #
2020/2085(INI)
Draft opinion
Recital A
Recital A
A. whereas livestock farming plays a prominent role in EU agricuthe EU industrial animal agricultural model must move away from current practices and adopt regenerative models such as agro-ecology and organic systems that promote a high standard of animal welfare free from malture, as it is not only economically and environmentally, but also culturally highly significant for EU regions; atment, abuse, pain or suffering and promoting the five domains: good nutrition, environment, health, allowing the animals to demonstrate their natural behaviour;
Amendment 5 #
2020/2085(INI)
Draft opinion
Recital A
Recital A
A. whereas industrial livestock farming plays a prominent role in EU agriculture, as it is not only economically and environmentally, but also culturally highly significant for EU regionsnd in just over a decade several million farms have ceased to exist, representing over a third of all farms in Europe, of which the vast majority were small family businesses, due to upscaling and intensification of the agricultural system;
Amendment 9 #
2020/2085(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, as significant developments in animal welfare science have taken place since the existing EU farm animal welfare legislation was adopted, it is vital to revise and augment the existing body of animal welfare legislation to bring it into line with the latest scientific advancements and to respond to societal demands for improvement of the welfare of animals and the elimination of outdated livestock housing systems and other production practices that negatively impact their welfare;
Amendment 15 #
2020/2085(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Article 13 TFEU provides that in formulating and implementing inter alia the Union's policies, the Union and the Member States are to pay full regard to the welfare requirements of animals, since they are sentient beings, while respecting the legislative or administrative provisions and customs of the Member States;
Amendment 24 #
2020/2085(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas unhealthy diets, high in salt, sugar, fat and animal protein are a leading risk factor for disease and mortality in Europe; and at the same time antimicrobial resistance, hazardous pesticides and exposure to endocrine disrupting chemicals via food and food packaging, are also increased threats to public health;
Amendment 26 #
2020/2085(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas EU animal welfare legislation is currently not applicable to marine invertebrates, like crabs and lobsters; whereas several third countries have already included decapod crustaceans in their animal welfare legislation; whereas Switzerland has already implemented a ban on the practice of boiling lobsters alive;
Amendment 32 #
2020/2085(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas The Lancet Infectious Diseases Commission has stressed that instead of relying on the routine use of antimicrobials, further effort is required to develop health-orientated systems for the rearing of animals; considers that good health should always be prioritised and integral to the system rather than being propped up by routine use of antimicrobials; whereas it is important to recognise the positive association between good animal welfare and reduced antibiotic use in animals that are well cared for and appropriately housed, are less prone to diseases and infections requiring less antibiotics and other veterinary medicines;
Amendment 33 #
2020/2085(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas a diet rich in plant-based foods and with fewer animal source foods confers both improved health and environmental benefits, and transformation to healthy diets by 2050 will require substantial dietary shifts, whereas global consumption of fruits, vegetables, nuts and legumes will have to double, and consumption of foods such as red meat and sugar will have to be reduced by more than 50% in order to achieve dietary shifts towards less resource-intensive products (more plant based, less refined);
Amendment 34 #
2020/2085(INI)
Ac. whereas, the World Organisation for Animal Health (OIE), promotes animal welfare through the ‘One Welfare’ approach recognising the close interlinkage between animal health and welfare and human health and welfare - if an animal is healthy, has enough space, is well nourished, feels safe, is free to express normal patterns of behaviour and does not suffer from feelings such as fear, pain and distress;
Amendment 38 #
2020/2085(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas industrial livestock farming results in high greenhouse gas emissions, soil degradation, air pollution, water contamination and biodiversity loss, and agriculture is responsible for about 90% of EU ammonia emissions, which has significant negative effects on the environment and biodiversity, and is a major contributor to the air pollution that kills 400,000 European citizens each year;
Amendment 42 #
2020/2085(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the Union animal welfare legislation (Council Directive 98/58/EC Council Directive1999/74/EC; Council Directive 2007/43/EC; Council Directive 2008/120/EC of 18 December 2008; Council Directive2008/119/EC; Council Regulation (EC) No 1/2005; Council Regulation (EC) No 1099/2009) is widely acknowledged as being too vague, fragmented, open to interpretation and lacking effective enforcement across the Member States;
Amendment 45 #
2020/2085(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas the European Court of Auditors identified significant gaps and a general lack of enforcement of EU animal welfare legislation and practices prohibited under EU law, such as the routine tail docking of pigs continue to be practiced; underlines that in the context of food safety, environment, climate action, animal welfare and equality between Member States, the Commission should ensure full implementation and enforcement of Directives, and that in the event of violations, Member States should impose strong sanctions, starting with the routine docking of piglet tails, which has been outlawed in the EU since 1991;
Amendment 48 #
2020/2085(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
Ag. whereas the EU Regulation on official controls requires Member States to audit their systems for official inspections on feed and food law and animal health and welfare, and Commission Decision 2006/677/EC sets out guidelines recommending that such audits are conducted at least every five years;
Amendment 51 #
2020/2085(INI)
Draft opinion
Recital A h (new)
Recital A h (new)
Ah. whereas Thailand, Brazil and Ukraine, account altogether for 90 % of the imports from third countries that have all been subjected to audits by DG SANTE and that highlighted a large number of significant deficiencies in the production process and in observing EU legislation;
Amendment 54 #
2020/2085(INI)
Draft opinion
Recital A i (new)
Recital A i (new)
Ai. whereas moving away from intensive livestock farming practices towards sustainable, extensive agriculture will deliver an immense reduction in methane emissions from the agricultural sector while also providing benefits for the environment, biodiversity, animal welfare and public health; whereas drastically reducing the number of animals kept in the EU for agriculture is an essential step in this process;
Amendment 55 #
2020/2085(INI)
Draft opinion
Recital A i (new)
Recital A i (new)
Ai. whereas important changes in animal husbandry are required to reconcile the Union's animal welfare legislation with other EU policies such as the Farm to Fork and biodiversity strategies, the UN Sustainable Development Goals (SDGs) and the Paris Agreement;
Amendment 56 #
2020/2085(INI)
Draft opinion
Recital A j (new)
Recital A j (new)
Aj. whereas EU farmers, as well as NGOs, have expressed concerns over the economic, social and environmental impacts of imports of cheaply produced chicken meat and misleading labelling of chicken meat processed in the European Union, but originating from third countries; whereas unfair competition and a failure to comply with EU standards places European businesses at a competitive disadvantage;
Amendment 71 #
2020/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s efforts to consolidate legislation on animal welfare and animal health and ensure that the requirements are clear; stresses that these requirements mustgoal to halve sales of antimicrobials for farmed animals and in aquaculture by 2030; stresses that antimicrobial resistance (AMR)is a growing transnational, cross- border public health threat where coordinated EU action on animal welfare should be prioritised; takes note of the Commission’s efforts to consolidate legislation on animal welfare and animal health and ensure that the requirements are clear; stresses that these requirements must include a ban on the use of all cages in EU animal farming by 2027 at the latest; underlines the urgent need for a clear definition animal welfare and of intensive animal farming in the EU legal system should be applied correctly and uniformly throughout the EU and that regular and comprehensive checks on terrestrial and aquatic animal production must be carried out; welcomes the Commission’s planned revision of legislation in this area in 2023 in keeping with the objectives of the Farm to Fork Strategy; calls on the Commission to urgently revise Council Directive 98/58/EC concerning the protection of animals kept for farming purposes and Regulation (EC) No. 1/2005 on the protection of animals during transport to harmonise and integrate animal welfare with the SDGs and Paris Agreement;
Amendment 76 #
2020/2085(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deeply regrets that a number of issues related to Regulation (EC) No 1/2005 are yet to be resolved, including: overcrowding; insufficient headroom; failure to provide the required rest stops, food and water; inadequate ventilation and watering devices; transport in extreme heat; transport of unfit animals; transport of unweaned calves; the need to ascertain the pregnancy status of live animals; the extent to which the journey logs are checked; the ‘mixed’ impact of training, education and certification; and insufficient bedding, as identified by the European Court of Auditors in its Special Report No 31/2018;
Amendment 86 #
2020/2085(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that billions of farm animals transported globally on an increasing scale, and in Europe, there are millions of farmed animals caged for part or all of their lives are restricted to small confined spaces making it impossible for those animals to exhibit their natural behaviours; reiterates that the current industrial livestock model that confines thousands of animals into confined spaces, is a major contributing factor to zoonoses; in that regard, considers that the EU needs to move away from the intensification of livestock production towards a more extensive model that priorities the animals health and welfare instead of relying on the routine use of antimicrobials or other hazardous chemicals;
Amendment 87 #
2020/2085(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates the need to regulate specific species that currently remain unprotected by EU animal welfare legislation; respondents underlined the importance of introducing species-specific legislation: for dairy cattle; laying hens, breeders and broilers, beef cattle, pullets, turkeys, ducks geese, farmed rabbits; farmed fish; sheep and goats; calls on Commission to bring forward proposals in that regard;
Amendment 95 #
2020/2085(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes that large scale industrial fish farming and aquaculture in particular relies heavily on the use of antibiotics to combat infectious diseases as edwardsiellosis, streptococcosis and acute hepatopancreatic necrosis disease, which tend to increase with warmer temperatures and threaten food security;
Amendment 102 #
2020/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Council’s efforts to promote the development of an EU animal welfare label based on harmonised and technically substantiated criteria; deeply regrets that 24 various animal welfare labelling systems across the EU at farm level reinforce a fragmented and inefficient labelling system; considers that a harmonised coherent labelling methodology that fully integrates animal welfare should provide transparent information on the animal’s quality of life from birth, including live transport and slaughter; recommends that this should include photographic images of the animals that are kept under organic farming, conventional farming and factory farming production methods that clearly and concisely indicate the use of GMOs, antibiotics, pesticides and veterinary medicines in animal production in order to promote fair competition and empower consumers to make informed and sustainable food choices;
Amendment 110 #
2020/2085(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls the UNESCO Intergovernmental Oceanographic Commission found that 9,500 hazardous algae blooms are becoming more frequent through climate change and increased fish farming and aquaculture, fish feed and waste dispersed into the seas is directly causing the proliferation of harmful microalgae blooms, causing fish to die from a lack of oxygen; calls on the Commission and the Member States to implement measures to improve water quality, disease control and to limit stocking densities in aquaculture production in the interests of human health and animal welfare and to take steps to improve the welfare of marine invertebrates, like crabs and lobsters, by including these animals in their animal welfare legislation and harmonised labelling proposal and by banning the practice of boiling these animals alive;
Amendment 114 #
2020/2085(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to submit regular reports to Parliament on the implementation and enforcement of the Union animal welfare legislation, identifying gaps and including a breakdown of infringements by Member State, by species and by type of infringement, in relation to the volume of live animal transport per Member State;
Amendment 127 #
2020/2085(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to bring forward proposals without delay to immediately ban the cruel and unnecessary force-feeding of ducks and geese for the production of foie gras;
Amendment 132 #
2020/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention toReiterates the importance of animal welfare during transport and welcomes the establishment of the ANIT committee of inquiry and notes the conclusions of the ECA's Special Report on animal welfare in the EU that recognised that data reported by Member States is not sufficiently complete, consistent, reliable or detailed enough to permit drawing evidence based conclusions on compliance at EU level; calls on the Commission to draw up, a list of operators who have perpetrated repeated and serious breaches, on the basis of inspection and implementation reports; calls on the Commission to publish frequent updates of this list, and also to promote examples of best practice in both transport and governance;
Amendment 140 #
2020/2085(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and Member States to increase control checks and fully implement mandatory due diligence across the entire animal production and supply chain and, to conduct efficient and systematic inspections of animal consignments before loading, in order to halt practices that worsen animal welfare conditions for the transport by land or sea, such as allowing overstocked means of transport or unfit animals to continue long journeys, or permitting the continued use of control posts with inadequate facilities for resting, feeding and watering of animals in transport;
Amendment 153 #
2020/2085(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to increase control checks to monitor for antibiotics and other banned chemical residues found in imports from non-EU countries as part of the Commission’s strategy to effectively address the unregulated use of antibiotics and pesticides used in animal, seafood and aquaculture production; calls for short, local and regional supply chains and urges the Commission and the Member States to fully consider the CJEU ruling C-424/13 and to propose a complete phase out of the export of live animals to third countries by 2025; promoting alternatives to live animal transport, such as meat-and-carcass and genetic material transport for exports and intra-EU trade;
Amendment 162 #
2020/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the common agricultural policy (CAP) seeks to enhance the welfare of on-farm animals by providing financial incentives and by focusing on the enforcement of animal welfare legislation; calls on the Member States toregrets that only 2% of EU rural development funding has been used to promote animal welfare standards beyond minimum standards; calls on the Commission and the Member States to adopt measures to end overcrowded, barren sheds; and to rigorously enforce on-farm animal welfare legislation with strong sanctions including the withdrawal of CAP or other EU funds for non- compliance; calls on the Member States to be required to specify concrete actions for improving animal welfare in their CAP Strategic Plans, including ending the use of cages in animal farming and requiring greater accessibility to fresh air, natural daylight, environmental enrichment, shelter and shade for all on-farm species and offer greater and effective support, including financial incentives to farmers who voluntarily comply with more stringent animal welfare requirements, including through national support programmes;
Amendment 173 #
2020/2085(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds the Commission and the Member States that CAP funds and national envelopes should be appropriately directed to assist farmers in the transition to cage-free, high animal welfare, ecological farming methods with high quality training provided where required to ensure the welfare of the animals and the environmental and financial health that will help to ensure a resilient and sustainable economy;
Amendment 177 #
2020/2085(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the key role that the EU should play in supporting the development of agro-ecological and plant- based agricultural practices;
Amendment 194 #
2020/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that individual management practices often have a greater influence on animal welfare than rules alone; calls on the Commission to adopt a more output-oriented approach to future projects; recognises that the DG SANTE audits serve as an important source of information for the Commission to assess the implementation of the current framework; calls on the Commission to increase the number of independent, unannounced spot inspections by the Food and Veterinary Office (FVO) focused on animal welfare and the transport of animals; believes that differing methods of data collection and control mechanisms make it difficult to establish an accurate picture of compliance in individual Member States;
Amendment 201 #
2020/2085(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of regular exchanges with representatives of national authorities, civil society, agricultural stakeholder organisations and experts concerning examples of good practice and possible improvements in the area of animal welfare; points out that, despite its low cost, knowledge transfer in this area is highly efficient and should therefore be put into practice more quickly.; considers that the Commission and the Member States should reinforce controls performed at borders on animal food imports from third countries to make sure these imports comply with EU legislation on animal welfare, food safety and the environment; stresses that imports from countries with lower environmental, social, food safety and animal welfare standards have increased;
Amendment 208 #
2020/2085(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that EU trade agreements should only grant trade preferences for animal-based products on the condition that they respect all EU relevant animal welfare standards, including standards currently not applied to imported products (“conditional liberalisation”); recommends that trade agreements allocate sufficient resources to the implementation of provisions on animal welfare cooperation and include an article on “Sustainable Agriculture, Seafood and Aquaculture” in the“Trade and Sustainable Development” Chapters; calls further on the Commission to ensure that all trade agreements are fully compatible with the European Green Deal, the Paris Agreement, the EU's biodiversity commitments and the SDGs, and that, in case of non-compliance, there should be binding and enforceable sanctions;
Amendment 217 #
2020/2085(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission, in its bilateral trade negotiations with third countries, to ensure compliance with the EU’s animal welfare rules and defend sustainable development, within the framework of the World Trade Organisation's General Agreement on Tariffs and Trade (GATT ) 1994 and in particular, Article XX which lays down exceptions for measures connected to the conservation of exhaustible natural resources, and Article XXa that includes animal welfare under ‘reasons of public morality’; calls on the Commission, to promote similar measures in existing EU trade and investment agreements to ensure that imported animal, fish and aquaculture products have been produced in line with the EU environmental, social, food safety and animal welfare standards in order to ensure a fair and level playing field for EU producers;
Amendment 243 #
2020/2085(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Calls for Council Directive 2008/120/EC laying down minimum standards for the protection of pigs to be revised to inter alia remove the 28-day exemption for confining sows in individual stalls and to ensure that the animals are kept in group housing throughout the entire gestation period and farrowing;
Amendment 254 #
2020/2085(INI)
Draft opinion
Paragraph 6 q (new)
Paragraph 6 q (new)
6q. Notes that large livestock farms with more than 50 livestock units account for about 70% of agricultural methane emissions, and 40% of total anthropogenic methane emissions in the EU; underlines that this makes mega livestock farms one of the biggest sources of methane emissions in the EU; emphasises that in addition to their methane emissions, mega livestock farms are extremely harmful for animal welfare, public health and the environment; stresses that this demonstrates an urgent need to swiftly phase out intensive animal agriculture in the EU, including a ban on the development of new mega livestock farms; calls on the Commission to put forward concrete and binding measures targeting the industrial livestock sector;
Amendment 258 #
2020/2085(INI)
Draft opinion
Paragraph 6 u (new)
Paragraph 6 u (new)
6u. Stresses that the Covid-19 pandemic has shown that industrial farming practices, by keeping animals in close proximity to each other, pose a huge risk for the emergence of new pandemics;
Amendment 5 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. INotes that, while the Union had reduced its domestic greenhouse gas (GHG) emissions by 23.2 % below 1990 levels in 2018, its GHG emissions embedded in international trade have been constantly rising; underlines that the net imports of goods and services in the EU represent more than 20% of the Union’s domestic CO2 emissions; is convinced that a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal;
Amendment 18 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Strongly supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM) on condition that it is compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives; notes that GATT rules date back to 1947 and is of the view that those need to be rethought in the present context of climate crisis and the overarching objective of climate neutrality, with a view to allowing the consideration of such features as the carbon foot-print of products for the determination of like-products; for that purpose, calls on the Commission to also propose a reform of trade rules in any climate initiative it will launch in the framework of the WTO;
Amendment 34 #
2020/2043(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that a technology on the tracing and tracking of the carbon content and performance of complex products could be helpful in the enforcement of a CBAM to those products; believes that the EU has an advantage in developing such a technology, which could then be used as a basis to set an international standard;
Amendment 39 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakagea CBAM is not per se WTO-incompatible, in particular with regard to the provisions of the General Agreement on Tariffs and Trade (GATT); underlines the principle of non- discrimination under GATT Article III and that, accordingly, existing measures on carbon leakage under Union law would cease to apply once the CBAM is in force, as this mechanism would apply carbon pricing to imports similar to what is applied to EU installations under the EU ETS; states unequivocally that this mechanism should serve the purpose of achieving the global common climate goals enshrined in the Paris Agreement by better addressing GHG emissions embedded in international trade, thereby incentivising climate action both within the Union and by our trading partners, through reducing global CO2 emissions and preventing carbon leakage; is therefore of the view that CBAM should be regarded as a means to help the acceleration of this process and not as a means for protectionism;
Amendment 73 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coaliincentivise cooperations and avoid any possible retaliations;
Amendment 81 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that manythe measure is part of the European Green Deal, the overarching strategy aiming at transforming the European Union into a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050; notes that the most carbon- and trade- intensive industrial sectors cwould potentially be impactbe covered by the CBAM, either directly or indirectly, and that it could influence supply chainssupply chains need to internalise negative climate externalities as a necessary condition to achieve climate neutrality; stresses that any CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs), by initially focusing on the most carbon-intensive industrial sectors.
Amendment 96 #
2020/2043(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the measure may have positive effects in terms of jobs by avoiding the substitution of EU production by production from third countries with lower climate ambition;
Amendment 57 #
2020/0353(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 203028. For cobalt, lithium and nickel increased targets are established by 20353. All targets, should take into account the availability of waste, from which such materials can be recovered, the technical feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. Therefore, before such mandatory targets become applicable, the requirement related to recycled content should be limited to disclosure of information on recycled content.
Amendment 59 #
2020/0353(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendincreasing the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries.
Amendment 63 #
2020/0353(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickelCobalt, copper, nickel, iron and bauxite mining and refining are related to a large range of social and environmental issues, including environmental hazard potential and human health. While the social and environmental impacts for natural graphite are less severe, its mining has high shares of artisanal and small scale operations, which mostly takes place in informal settings and can lead to serious health and environmental impacts, including no regular mine closure and no rehabilitation, which results in the destruction of ecosystems and soils. For lithium, the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations, what would recommend including lithium in the scope of the supply chain due diligence obligations. The expected massive increase in demand for batteries in the Union should not contribute to an increase of such environmental and social risks.
Amendment 66 #
2020/0353(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The United Nations Guiding Principles on Business and Human Rights stipulate that economic operators should carry out due diligence as a means to meet their corporate responsibility with respect to human rights. In the Union, general requirements on due diligence in relation to certain minerals and metals were introduced by Regulation (EU) No 2017/821 of the European Parliament and of the Council39 . That Regulation does not, however, address the minerals and materials used for battery production. _________________ 39Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1)
Amendment 67 #
2020/0353(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Therefore, corporate responsibility to respect human rights, social rights, human health and the environment should apply to all operations and business relationships of an economic operator throughout the value chain. As the extraction, processing and trading of certain raw materials that are used in the battery manufacturing carry particular risks, and in view of the expected exponential growth in battery demand in the EU, therequirements with regard to due diligence by economic operators that places a batteryies on the EU market should be set up a supply chain due diligence policy. The requirements therefore should be laid down, with the objective to address the social and environmental risks inherent in the extraction, processing and trading of certain raw materials for battery manufacturing purposes, the manufacturing itself as well as all relevant downstream operations.
Amendment 68 #
2020/0353(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) When putting in place aconducting risk-based due diligence policy, it should be based on internationally recognised due diligence principles in instruments such as the United Nations Guiding Principles on Business and Human Rights1a, the Ten Principles of the United Nations Global Compact40 , the Guidelines for Social Life Cycle Assessment of Products41 , the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy42 , the OECD Guidelines for Multinational Enterprises1b, and the OECD Due Diligence Guidance for Responsible Business Conduct (RBC)43 , which reflect a common understanding amongst governments and stakeholders, and should be tailored to the specific context and circumstances of each economic operator. In relation to the extraction, processing and trading of natural mineral resources used for battery production, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas44 (‘OECD Due Diligence Guidance’) represents a long-standing effort by governments and stakeholders to establish goon internationally acknowledged standard addressing specific risks of gross human rights' violations related to the sourcing and ptractice in this area. _________________ding of certain raw materials in the context of conflict. _________________ 1a United Nations Guiding Principles on Business and Human, available at https://www.ohchr.org/documents/publica tions/guidingprinciplesbusinesshr_en.pdf 1bOECD Guidelines for Multinational Enterprises, available at http://mneguidelines.oecd.org/guidelines/ 40The Ten Principles of the UN Global Compact, available at https://www.unglobalcompact.org/what-is- gc/mission/principles 41 UNEP Guidelines for social life cycle assessment of products, available at https://www.lifecycleinitiative.org/wp- content/uploads/2012/12/2009%20- %20Guidelines%20for%20sLCA%20- %20EN.pdf 42 Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, available at https://www.ilo.org/wcmsp5/groups/public /---ed_emp/---emp_ent/--- multi/documents/publication/wcms_09438 6.pdf 43OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct, available at http://mneguidelines.oecd.org/OECD-Due- Diligence-Guidance-for-Responsible- Business-Conduct.pdf 44OECD (2016), OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition, OECD Publishing, Paris, https://doi.org/10.1787/9789264252479-en.
Amendment 71 #
2020/0353(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) According to the OECD Due Diligence Guidance45 se standards, due diligence is an on-going, proactive and reactive process through which companies can ensure that they respect human rights and the environment and do not contribute to conflict.46 . Risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to, cease, prevent or, mitigate and account for adverse impacts associated with their activities or sourcing decisions. Economic operators should conduct informed, effective and meaningful consultation with actually and potentially affected rights-holders. A company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law, recommendations on responsible business conduct by international organisations, government- backed tools, private sector voluntary initiatives and a company's internal policies and systems. This approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. _________________ 45 Page 15 of the OECD Due Diligence Guidance. 46OECD (2011), OECD Guidelines for Multinational Enterprises, OECD, Paris; OECD (2006), OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones, OECD, Paris; and, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (Report of the Special Represantative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, A/HRC/17/31, 21 March 2011).
Amendment 74 #
2020/0353(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) While private sector chain due diligence schemes can support economic operators in their due diligence, economic operators retain individual responsibility to comply with the due diligence obligations set out in this Regulation.
Amendment 76 #
2020/0353(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Mandatory supplyvalue chain due diligence policies should be adopted or modified and address, at least, the most prevalent social and environmental risk categories. This should cover the current and foreseeable impacts, on one hand, on social life, in particular human rights, human health and safety as well as occupational health and safety and labour rights, and, on the other hand, on the environment, in particular on water use, soil protection, air pollution, climate change and biodiversity, including community life.
Amendment 78 #
2020/0353(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) As regards the social risk categories, due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights, including human health, rights of indigenous people, protection of children and gender equality, in line with international human rights law47 . The due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. The due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the International Labour Organisation48 as listed in Annex I of the ILO Tripartite Declaration. _________________ 47Including The Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. 48 The eight fundamental Conventions are 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98), 3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol ), 4. Abolition of Forced Labour Convention, 1957 (No. 105), 5. Minimum Age Convention, 1973 (No. 138), 6. Worst Forms of Child Labour Convention, 1999 (No. 182), 7. Equal Remuneration Convention, 1951 (No. 100), 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Amendment 80 #
2020/0353(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment, the climate in line with the UN Paris Agreement and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. _________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 81 #
2020/0353(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The supplyvalue chain due diligence obligations on the identification and mitigation of social and environmental risks associated with raw materials going into battery manufacturing should contribute to the implementation of UNEP Resolution 19 on Mineral Resource Governance, which recognizes the important contribution of the mining sector towards the achievement of the 2030 Agenda and the Sustainable Development Goals.
Amendment 82 #
2020/0353(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Even when due diligence has been carried out, harm might occur. Economic operators should actively engage in remediation for such harm, by itself or in cooperation with other actors. They should be liable for adverse impact they or the entities they control or are able to control caused or contributed to. Those adversely impacted should be entitled to remediation and should be provided access to justice.
Amendment 83 #
2020/0353(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Other EU legislative instruments that lay down requirements regarding supplyvalue chain due diligence should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments.
Amendment 84 #
2020/0353(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) In order to adapt to developments in the battery value chain, including to changes in the scope and nature of the relevant environmental and social risks, as well as to technical and scientific progress in batteries and battery chemistries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of raw materials and risk categories and the supplyvalue chain due diligence requirements.
Amendment 86 #
2020/0353(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) Industrial and electric vehicle batteries that are no longer fit for the initial purpose for which they were manufactured may be used for a different purpose as stationary energy storage batteries. A market for the second life of used industrial and electric vehicle batteries is emerging and in order to support the practical application of the waste hierarchy, specific rules should thus be defined to allow responsible repurposing of used batteries while taking into account the precautionary principle and ensuring safety of use for end users. Any such used battery should undergo an assessment of its state of health and available capacity to ascertain its suitability for use for any other than its original purpose. Batteries that are found to be suitable for use other than its original purpose should be repurposed. In order to ensure uniform conditions for the implementation of provisions related to the estimation of the state of health of batteries, implementing powers should be conferred on the Commission.
Amendment 103 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying, preventing and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;, chemicals and secondary raw materials required for battery manufacturing (supply chain), linked to its manufacturing operations and linked to all business relationships; (Horizontal amendment that applies throughout the text.)
Amendment 117 #
2020/0353(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Recycled content in industrial batteries, electric vehicle batteries and automotive batteriesbatteries (The change of the scope to all batteries with regard to recycled content should apply horizontally throughout the text.)
Amendment 120 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. From 1 January 20275, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWhbatteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.
Amendment 130 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
By 31 December 20253, the Commission shall adopt an implementing act laying down the methodology for the calculation and verification of the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in the batteries referred to in the first subparagraph and the format for the technical documentation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 136 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh28, batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 152 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh3, batteries that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 162 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from post waste, or the lack thereof, the Commission shall be empowered to adopt, by 31 December 20275, a delegated act in accordance with Article 73, to amendincrease the targets laid down in paragraphs 2 and 3.
Amendment 165 #
2020/0353(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Performance and durability requirements for portable batteries of general use(Horizontal amendment: the extension of the scope with regard to the performance and durability requirements of portable batteries should apply throughout the whole text.)
Amendment 168 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend dd further electrochemical performance and durability parameters laid down in Annex III in view of technical and scientific progress.
Amendment 196 #
2020/0353(COD)
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market to establish supply chain due diligence policiesbatteries on the market to conduct value chain due diligence (Horizontal amendment: the extension of the scope of due diligence to all economic operators placing batteries on the market should apply throughout the text.)
Amendment 200 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market shall comply with the supplyvalue chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 205 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company policy for the supply chain of raw materials indicated in Annex X, point 1;for the manufacturing of batteries, including raw materials and secondary raw materials indicated in Annex X, point 1, as well as hazardous chemicals; (Horizontal amendment that should apply throughout the whole text.)
Amendment 206 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point a a (new)
Article 39 – paragraph 2 – point a a (new)
(a a) adopt, and clearly communicate to the public, a company policy for the manufacturing of batteries and all related business operations;
Amendment 207 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chaindue diligence policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance;UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprisesin order to identify, prevent, address and mitigate adverse impacts; (Horizontal amendment that should apply throughout the text.)
Amendment 211 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point c
Article 39 – paragraph 2 – point c
(c) structure its respective internal management systems to support supplyvalue chain due diligence by assigning responsibility to senior management to oversee the supplyvalue chain due diligence process as well as maintain records of those systems for a minimum of five years;
Amendment 212 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point d – introductory part
Article 39 – paragraph 2 – point d – introductory part
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system or the, identification ofying upstream actors in the supply chain.
Amendment 217 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
Amendment 219 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point e
Article 39 – paragraph 2 – point e
(e) incorporate its supplyvalue chain policy into contracts and agreements with suppliers, including their risk management measures;
Amendment 221 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point f
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system and remediation mechanism for harm or provide such mechanisms through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 222 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point f a (new)
Article 39 – paragraph 2 – point f a (new)
(f a) consult with potentially affected right holders and non-governmental organisations active in the field for the establishment of the grievance mechanism and report about this in a transparent manner;
Amendment 223 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) identify and assess the adverse impacts associated to the risk categories listed in Annex X, point 2, in its supply chain on the basis of the information provided pursuant to paragraph 2value chain, including related to the use of energy, materials and chemicals, and including emissions, discharges and losses of hazardous substances as well as waste treatment operations, on the basis of the information provided pursuant to paragraph 2 and any other relevant information that is either publicly available or provided by stakeholders, including potentially affected communities and relevant civil society organisations, against the standards of their supplyvalue chain policy;
Amendment 224 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point b – introductory part
Article 39 – paragraph 3 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or, mitigate and address adverse impacts by:
Amendment 225 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point b – point i
Article 39 – paragraph 3 – point b – point i
(i) reporting findings of the supplyvalue chain risk assessment to senior management designated for that purpose;
Amendment 228 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex II to the OECD Dinternationally recognised due Ddiligence Guidance, considering their ability to influencestandards listed in Annex X, point 3, and where necessary take steps to exert pressure on supplierbusiness relationships who can most effectively prevent or mitigate the identified risk;
Amendment 230 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
Article 39 – paragraph 3 – point b – point iii
(iii) implementing the risk management plan, monitoring and tracking performance of risk mitigation efforts, reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a supplierbusiness relationship after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 231 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1
Article 39 – paragraph 3 – subparagraph 1
If the economic operator referred to in paragraph 1 pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall consult with suppliers and with the stakeholders concerned, including local and central government authorities, international or civil society organisations and affected third parpotentially affected communities, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 232 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 2
Article 39 – paragraph 3 – subparagraph 2
The economic operator referred to in paragraph 1 shall identify and assess the probability of adverse impacts in the risk categories listed in Annex X, point 2, in its supply chain based on available reports by third-party verification done by a notified body concerning the suppliers in that chain, and, by assessing, as appropriate, its due diligence practices. Those verification reports shall be in accordance with the first subparagraph in paragraph 4. In the absence of such third-party verification reports concerning suppliers, the economic operator referred to in paragraph 1 shall identify and assess the risks in its supply chain as part of its own risk management systems. In such cases, economic operators referred to in paragraph 1 shall carry outvalue chain. The economic operator referred to in paragraph 1 may make use of third -party verifications of its own supply chains due diligence via a notified body in accordance with the first subparagraph in paragraph 4 reports for that purpose.
Amendment 233 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3 a. The economic operator referred to in paragraph 1 shall have their value chain due diligence policies and processes supervised and verified by the relevant competent national authority which shall: (a) supervise whether economic operators comply with their due diligence requirements as set out in this Regulation; (b) include in its supervision all activities, processes and systems used by economic operators to implement their value chain due diligence requirements in accordance with paragraphs 2, 3 and 5;as well as, where relevant, carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives; (c) have as its objective the determination of conformity of the value chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; (d) make recommendations to the economic operators that place batteries on the market on how to improve their supply chain due diligence practices; (e) respect the audit principles of independence, competence and accountability, as set out in the OECD Due Diligence Guidance; (f) may order the temporary suspension of activities or a ban on the operation in the internal market, if the failure to comply with this Regulation could directly lead to irreparable harm. (If this amendment is adopted, Article 39(4) of the Commission proposal should be deemed to be deleted.)
Amendment 234 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point b
Article 39 – paragraph 4 – subparagraph 1 – point b
(b) have as its objective the determination of conformity of the supply chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5, and where relevant, carry out checks and gather information from stakeholders, including potentially affected communities and relevant civil society organisations;
Amendment 235 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 7 a (new)
Article 39 – paragraph 7 a (new)
7 a. Respecting due diligence obligations shall not absolve economic operators of any liability which it may incur pursuant to national law. Member States shall ensure that they have a liability regime in place under which economic operators can, in accordance with national law, be held liable and provide remediation for any harm arising out of potential or actual adverse impacts on human rights, the environment or good governance that they, or undertakings under their control, have caused or contributed to by acts or omissions. Member States shall ensure that their liability regime is such that economic operators that prove that they took all due care in line with this Regulation to avoid the harm in question, or that the harm would have occurred even if all due care had been taken, are not held liable for that harm. Member States shall ensure that the limitation period for bringing civil liability claims concerning harm arising out of adverse impacts on human rights and the environment is reasonable.
Amendment 236 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 8 – point a a (new)
Article 39 – paragraph 8 – point a a (new)
(a a) Amend the list of international instruments in Annex X in view of international progress;
Amendment 239 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 8 a (new)
Article 39 – paragraph 8 a (new)
8 a. The Commission shall, no later than [12 months after the entry into force of the Regulation], adopt an implementing act establishing the format for the social and environmental risk categories indicated in Annex X, point 2. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(3).
Amendment 255 #
2020/0353(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Recyclers shall ensure that each recycling process shall achieve the minimum recycling efficiencies and the levels of recovered materials laid down, respectively, in Parts B and C of Annex XII. Recyclers shall ensure that the minimum levels of recovered materials in Part C of the Annex are battery grade.
Amendment 263 #
2020/0353(COD)
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to amendincrease the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management.
Amendment 273 #
2020/0353(COD)
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. All used rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh shall be assessed whether they are suitable for reuse, repurposing or remanufacturing. If the assessment shows that such batteries are suitable for reuse, they shall be reused. If the assessment shows that they are not suitable for reuse, but suitable for repurposing or remanufacturing, they shall be repurposed or remanufactured.
Amendment 291 #
2020/0353(COD)
Proposal for a regulation
Annex III – point 1
Annex III – point 1
1. BReal-life battery capacity, electric charge which a battery can delivers under a specific set ofreal- life conditions.
Amendment 297 #
2020/0353(COD)
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point 6 a (new)
Annex VI – Part A – paragraph 1 – point 6 a (new)
6 a. Real-life capacity
Amendment 299 #
Amendment 300 #
Amendment 302 #
Amendment 309 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 2 – point d a (new)
Annex X – point 2 – point d a (new)
(d a) climate, including greenhouse gas emissions;
Amendment 311 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 2 – point i
Annex X – point 2 – point i
(i) community life., including that of indigenous people;
Amendment 312 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 3 – point a a (new)
Annex X – point 3 – point a a (new)
(a a) UN Guiding Principles on Business and Human Rights;
Amendment 313 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 3 – point c a (new)
Annex X – point 3 – point c a (new)
(c a) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work
Amendment 316 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 3 – point f
Annex X – point 3 – point f
(f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk AreaGuidelines for Multinational Enterprises.
Amendment 318 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 3 – point f a (new)
Annex X – point 3 – point f a (new)
(f a) The UN Paris Agreement.
Amendment 325 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part B – point 1 – point -a (new)
Annex XII – Part B – point 1 – point -a (new)
(-a) recycling of 85 % by average weight of nickel-cadmium batteries;
Amendment 327 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part B – point 1 – point c
Annex XII – Part B – point 1 – point c
(c) recycling of 560 % by average weight of other waste batteries.
Amendment 329 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part B – point 2 – point -a (new)
Annex XII – Part B – point 2 – point -a (new)
(-a) recycling of 90 % by average weight of nickel-cadmium batteries;
Amendment 330 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part B – point 2 – point b a (new)
Annex XII – Part B – point 2 – point b a (new)
(b a) (c) recycling of 70 % by average weight of other waste batteries.
Amendment 335 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part C – point 1 – point a
Annex XII – Part C – point 1 – point a
(a) 905 % for cobalt;
Amendment 336 #
Amendment 339 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part C – point 1 – point e
Annex XII – Part C – point 1 – point e
(e) 905 % for nickel.
Amendment 340 #
2020/0353(COD)
Proposal for a regulation
Annex XII – Part C – point 1 – point e a (new)
Annex XII – Part C – point 1 – point e a (new)
(e a) 95% for cadmium