57 Amendments of Kateřina KONEČNÁ related to 2020/2006(INL)
Amendment 9 #
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
- having regard to the "Forest pledge" 1a of 21 March 2019 by which many serving Members of the European Parliament pledged to promote policies to protect and restore forests worldwide and recognise and secure forest peoples’ territories and their rights, _________________ 1ahttps://www.fern.org/news- resources/forest-pledge-903/
Amendment 30 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas some of the world’s biggest brands have agreed to phase out deforestation through the use of sustainable palm oil by 2020;
Amendment 31 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 49 #
Motion for a resolution
Recital B
Recital B
B. Whereas Union consumption is estimated to contributes to at least 10% of global deforestation;
Amendment 55 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas livelihoods of more than 1.6 billion people are estimated to be dependent on forest resources; whereas forests are not only an essential source of timber, food and fibres, but they are also home to 80% of the world’s terrestrial biodiversity, are a major provider of various ecosystem services, and play a significant role in the global carbon cycle; whereas deforestation accounts annually for more greenhouse gas emissions than the total EU economy;
Amendment 62 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas by contributing to the deforestation, degradation and conversion of world forests, the EU takes part in exacerbating the threat posed to indigenous peoples and local communities, who are met with human rights violations, attacks and killings in response to their efforts to protect their forests, land and environment;
Amendment 67 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas climate change, the worldwide loss of biodiversity, as well as the destruction and modification of natural habitats, including forests, greatly increase the risk of new zoonic diseases;
Amendment 79 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that approximately 80% of global deforestation is caused by the expansion of land used for agriculture; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and human rights violations across the globe;
Amendment 103 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes business’ growing awareness of the problem of global deforestation and ecosystem destruction, the need for corporate action and corresponding commitments; emphasises, however, that companies’ voluntary anti- deforestation commitments often only cover parts of their supply chains and werhave, as of yet, not sufficient to halt global deforestationhalted their corresponding global deforestation; regrets for example that some of the world’s biggest brands are failing in their commitments to banish deforestation from their supply chains through their use of palm oil, despite making public claims to environmental sustainability;
Amendment 112 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that introduction of labelling and certification systems for deforestation-free products is not sufficient; demands that all products that drive deforestation globally should be prohibited from entering the EU internal market, requests the Commission to establish legally binding sustainability criteria to achieve sustainable production and consumption patterns;
Amendment 115 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the rapid phase-out of all land-based biofuels that drive deforestation and compete against food production for land and significantly contribute to greenhouse gas emissions;
Amendment 116 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that a trade deal between the EU and Mercosur is in conflict with the EU commitments on combatting climate change, zero deforestation and human rights;
Amendment 121 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that voluntary third-party certification schemes alone, to date, are not effective in halting and reversing global deforestation and ecosystem degradation; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and implemented well with regard to the sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring, possibilities to monitor the supply chain,, independent compliance mechanisms and sound requirements to protect primary forests and other natural forests and promote sustainable forest management;
Amendment 136 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises that third-party certification and labels alone unduly shift the responsibility to decide whether to purchase deforestation-free products to the consumers; therefore emphasises that third- party certification can only be complementary to, but cannot replace, thorough mandatory operators’ due diligence processes of companies and impinge on their operators’ liability;
Amendment 144 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to protect all environmental and forest defenders in the EU and worldwide;
Amendment 153 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that deforestation is a global problem where the EU is both part of the problem and can be part of the solution, since consumer-focused approaches do not deliver the desired outcome;
Amendment 170 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation and forest degradation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highestentailing with forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-basedall financial institutions authorised to operate in the Union and who that providing money to companies that harvest, extract, produce or, process, or trade forest and ecosystem-risk commodities and derived products;
Amendment 176 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that illegal logging is an ongoing practice not only in third countries, but also in the EU; calls on the Commission and the Member States to act decisively to prevent and fight illegal logging, especially to save Europe’s last old-growth forests, also by enforcing the existing EU legislation and thus applying proportionate, dissuasive and effective sanctions in cases of breaches of EU law;
Amendment 188 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that forest and ecosystem-risk commodities covered by this EU legal framework should be determined on the basis of objective, transparent and science-based considerations that such commodities poseare associated with high risks for the destruction and degradation of forests and high-carbon stock and biodiversity-rich ecosystems, as well as for the rights of indigenous people and human rights in general;
Amendment 213 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that local communities, indigenous peoples, land and environmental defenders often are on the frontline of the fights to preserve ecosystems; is concerned that the degradation and destruction of forests and other valuable ecosystems frequently goes along with human rights violations or follows from it; urges, therefore, to include the protection of human rights, in particular land tenure, land and labour rights, with a special view to the rights of iIndigenous pPeoples and local communities, within the future EU legal framework; calls on the Commission to encourage legal reform processes in producer countries are done with the effective and meaningful participation of all stakeholders, including civil society, Indigenous Peoples and Local Communities;
Amendment 219 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance of promoting agroecology and sustainable agricultural production on a global level, considers, therefore, that all further actions must address issues such as preventing unsustainable land use and management practices, coping with natural disturbances and mitigating climate change;
Amendment 221 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 233 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that these obligations should apply to all companies placing forest and ecosystem-risk commodities (FERC) on the Union market, irrespective of their size or place of registration; believes that in a fragmented end-market, the inclusion of smaller and larger companies is key to ensure both large-scale impact and consumer trust; emphasises that the regulatory framework must not give rise to undue burdens on small and medium-sized producers including smallholders or prevent their access to markets and international trade; recognises, therefore, that due diligence, reporting and disclosure requirements must be proportionate to the level of risks associated with the given commodities;
Amendment 268 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the impact of the Union’s consumption of forest and ecosystem-risk commodities needs to be adequately addressed in any follow-up, regulatory or non-regulatory, actions and measures to the EU Biodiversity Strategy for 2030 and Farm to Fork Strategy as well as in the CAP; ;
Amendment 276 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Deeply regrets that some states used COVID-19 pandemic as an opportunity to accelerate deforestation;
Amendment 278 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Urges all EU institutions and agencies to lead by example by modifying their behaviour, procurements and framework contracts towards the use of "deforestation-free only" products;
Amendment 279 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Points out the Commission shall consider the possibility of proposing primary forests as UNESCO heritage sites in order to help protect them from deforestation and to increase the chance of drawing public attention to their protection; if this is not feasible, other legal options to reach these objectives should be evaluated;
Amendment 280 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the EU to further develop research and monitoring programmes like Copernicus, European Earth Observation and other monitoring programmes to supervise the commodity supply chain in order to be able to identify and give early warnings on products which caused deforestation or environmental degradation during their production phase;
Amendment 281 #
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Calls upon the Commission to set up a European database collecting ongoing and past projects between the EU and third countries as well as bilateral projects between EU Member States and third countries in order to assess their impact on the world's forests; underlines the involvement of local and regional authorities in the implementation of these projects;
Amendment 290 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point a
Annex I – point 1 – paragraph 2 – point a
a. commodities covered by the proposal and their derived products which are marketed on the Union internal market, or transits through Union ports,
Amendment 295 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point b
Annex I – point 1 – paragraph 2 – point b
b. the supply practices and financing of all economic operators active on the Union internal market,
Amendment 298 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point c
Annex I – point 1 – paragraph 2 – point c
c. production practices of economic operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) or producing FERC- derived products in the Union internal market, as well as the practices of their financiers;
Amendment 305 #
Motion for a resolution
Annex I – point 1 – paragraph 3
Annex I – point 1 – paragraph 3
It should establish an obligation to fulfil international environmental and human rights commitments taken by the Union and its Member States, such as the Paris Agreement, the Sustainable Development Goals, and human rights obligations, and establish legally binding sustainability criteria.
Amendment 314 #
Motion for a resolution
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
The proposal should apply to all economic operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market, for the first timeat provides financing to operators undertaking these activities. This should apply to both Union and non- Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council1 ). _________________ 1Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 342 #
Motion for a resolution
Annex I – point 2 – paragraph 3
Annex I – point 2 – paragraph 3
Economic operators should take appropriate and transparent measures to ensure that these standards are respected throughout their entire value chain.
Amendment 345 #
Motion for a resolution
Annex I – point 2 – paragraph 4
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, natural forest degradation, and natural ecosystem conversion and degradation. These commodities should be listed in an annex to the proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 of the European Parliament and of the Council2 (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. _________________ 2Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).
Amendment 357 #
Motion for a resolution
Annex I – point 2 – paragraph 5
Annex I – point 2 – paragraph 5
The Commission should adopt delegated acts to amend the list of commodities and their derived products that are covered by the proposal if evidence or significant indications emerges concerning the detrimental impact of their harvesting, extraction or production on natural forests, natural ecosystems or human rights.
Amendment 366 #
Motion for a resolution
Annex I – point 2 – paragraph 6
Annex I – point 2 – paragraph 6
The proposal should equally apply to Union-basedall financial institutions authorised to operate in the Union and who are providing money, insurance or other services to economic operators that harvest, extract, produce, process or, sell, or trade forest and ecosystem-risk commodities and their derived products.
Amendment 447 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 1
Annex I – point 3 – point 3.4 – paragraph 1
FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land obtained or used in violation of human rights embedded into national laws, nor those rights expressed, as a minimum, in international agreements, such as tenurhe rights, rights of indigenous people, of indigenous peoples and local communities, including tenure rights and the procedural right to give or withhold their free prior and informed consent as set out for example by the UN Permanent Forum on Indigenous Issues, the right to water and UN and regional treaty bodies, the right to water, the right to defend human rights, labour rights as enshrined in ILO fundamental conventions and other internationally recognised human rights related to land use, access or ownership.
Amendment 453 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 2
Annex I – point 3 – point 3.4 – paragraph 2
At all stages, harvesting, extracting or producing covered commodities should respect local communities’ and indigenous peoples’ community and land tenure rights in all forms, whether they are public, private, communal, collective, indigenous, women’s or customary rights. Indigenous peoples’ and local communities’ formal and customary rights to lands, territories and resources should be identified and respected, as should their ability to defend their rights without reprisals. Those rights include the rights to own, occupy, use and administer these lands, territories and resources.
Amendment 456 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 3
Annex I – point 3 – point 3.4 – paragraph 3
Commodities covered by the proposal should not be obtained from land whose acquisition and use affects community and land tenure rights. In particular, commodities placed on the Union market should not be harvested, extracted or produced from areas under local communities’ andthe lands of indigenous peoples’ l and and tenure rights in all forms and that have lost that status, unless this occurred in the presence of free, prior and informed consent of the local communities and indigenous peoples concernedlocal communities - both those lands formally titled and those under customary ownership - without their free, prior and informed consent.
Amendment 458 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 3 a (new)
Annex I – point 3 – point 3.4 – paragraph 3 a (new)
Financial institutions providing finance, investment, insurance or other services to operators engaged in the supply chain of commodities also have a responsibility to undertake due diligence to ensure that supply chain companies are respecting the above-mentioned responsibilities on human rights.
Amendment 460 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 1
Amendment 488 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Where an economic operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply chain and investments, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risks analysis should be done with regard to the risks occurring from the economic operator’s activities to, or impact on, the environment, iIndividuals orgenous Peoples and local communities affected, rather than material risk to corporate shareholders.
Amendment 491 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 2
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 2
Amendment 493 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point c – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point c – paragraph 1
Amendment 497 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point c – paragraph 1 a (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point c – paragraph 1 a (new)
Except where the risk identified in the course of the risk identification and assessment procedures referred to in point (b) is negligible, and therefore the operator has no residual reason to be concerned that the commodities and products may not meet the criteria set out in this framework, the operators should adopt risk mitigation procedures. These procedures should consist of a set of measures that effectively and demonstrably reduce to a negligible level all identified risks e.g. amending contracts with suppliers, providing support to suppliers to change their practices, changing its purchasing practices, for the purpose and in view of the lawful placing of the covered commodities and products on the internal market.
Amendment 507 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point e – introductory part
Annex I – point 4 – point 4.1 – paragraph 3 – point e – introductory part
e. Monitoring the implementation and effectiveness of the adopted measures and continuously improveing the effectiveness of their due diligence system and its implementation
Amendment 512 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point e – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point e – paragraph 1
Economic operators should periodically check to see if their actions are actually reducing harmdue diligence system is fit for preventing harm and ensure the compliance of commodities and products with the framework and if not, adjust ithem or develop other actions. Thise evaluation of the due diligence system should be based on qualitative and quantitative indicators and, internal and external feedback and clear accountability processes.
Amendment 527 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
The Union may negotiate Voluntary Partnership Agreements with FERC- producing countries (partner countries), which create a legally binding obligation for the parties to implement a licensing scheme and to regulate trade in FERCs in accordance with the national law of the FERC-producing country and the environmental and human rights criteria laid out in the proposal. FERCs which originate in partner countries with Voluntary Partnership Agreements should be considered to be of negligible risk as far as the partnership agreement is implemented for the purpose of the proposal.
Amendment 536 #
Motion for a resolution
Annex I – point 4 – point 4.2 – paragraph 1 – point d a (new)
Annex I – point 4 – point 4.2 – paragraph 1 – point d a (new)
da) properly take into account local communities, indigenous peoples, land and environmental defenders.
Amendment 542 #
Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 3
Annex I – point 4 – point 4.3 – paragraph 3
The Commission should adopt delegated acts to set out the format, the frequency and the elements of the reports. In particular, economic operators should, inter alia, report on the system they use and how they apply it to the commodities in question, identified risks and impacts; the actions taken to cease and remedy existing abuses and to prevent and mitigate risks of abuse, as well as their outcomes; the measures and results of monitoring the implementation and effectiveness of such actions, warnings received through the early-warning mechanism and how the economic operator took them into account in their due diligence processes, and a list of all subsidiaries, subcontractors and suppliers, products and their quantity and origin. A failure to publish complete and timely reports should be penalised.
Amendment 558 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
a. Providing for proportionate, effective and dissuasive penalties and sanctions for non-compliance with any of the above-mentioned obligations an. Heavier penalties should be applied where non- compliance with any of the above- mentioned obligations causes, contributes to, is linked to, or aggravates, abuses or the risk of environmental damage or human rights abuses. These cshould include:
Amendment 565 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point i
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point i
i. monetary penalties proportionate to the environmental or human rights damage, the value of the commodities and derived products at hand, and the tax losses and economic detrimentcost of environmental and human rights restoration and the economic prejudice resulting from the infringement to the affected communities;
Amendment 568 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point b
Annex I – point 5 – point 5.1 – paragraph 1 – point b
b. Designating competent national investigating and enforcement authorities (‘competent authorities’). The competent authorities should monitor that economic operators effectively fulfil the obligations laid down in the proposal. For that purpose, the competent authorities should carry out official checks, in accordance with a plan as appropriate, which may include checks on the premises of economic operators and field audits, and should be able to adopt provisional orders and, in addition and without prejudice to the application of sanctions, they should have the power to require economic operators to take remedial actions where necessary. The competent authorities should endeavcarry ourt to carry outimely and thorough checks when in possession of relevant information, including substantiated concerns from third parties. They should treat information related to their activity in accordance with Directive 2003/4 on public access to environmental information.
Amendment 579 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 2 – indent 4
Annex I – point 5 – point 5.1 – paragraph 2 – indent 4
- guidance on third-party concerns to establish Union-wide criteria to assess whether a concern is substantial and reliable enough to be acceptprocessed, and develop clear timelines forprocedural standards for the timely, impartial, effective and transparent responses by the national competent authorities towards third-party concerns;
Amendment 592 #
Motion for a resolution
Annex I – point 5 – point 5.2 – point c – paragraph 1
Annex I – point 5 – point 5.2 – point c – paragraph 1