9 Amendments of Jens HOLM related to 2008/0198(COD)
Amendment 53 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) It is evident that pressure on natural forest resources and the demand for timber and timber products are often too high and that the Community needs to reduce its impact on forest ecosystems regardless of where their effects occur.
Amendment 92 #
Proposal for a regulation
Article 1
Article 1
Subject matter Subject matter and objectives This Regulation lays down the obligations of operators who place or make available timber and timber products on the market. Operators shall ensure that only legally harvested timber and timber products are made available on the market. Operators who place timber and timber products on the market shall use a due diligence system. In implementing this Regulation, Member States shall regard as an infringement the placing and the making available on the market of any timber and timber products that have been harvested, taken, sold, traded or possessed in contravention of the applicable legislation, if attempted or committed with intent, recklessly or as a result of serious negligence. The provisions of this Regulation are aimed at: a) supporting and stimulating the implementation of sustainable forest management and creating strong deterrents to the illegal harvesting of timber and timber products; b) contributing to the implementation of applicable legislation, existing and planned international standards, and international commitments, principles and recommendations including those concerning mitigation of climate change, reduction of biodiversity loss, alleviation of poverty, reduction of desertification and the protection and promotion of the rights of indigenous peoples, local and forest-dependent communities.
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 1 –point b – subparagraph 1 a (new)
Article 4 – paragraph 1 –point b – subparagraph 1 a (new)
The placing and making available on the market of timber and timber products from conflict areas should be considered by the operators as high risk under this Regulation.
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The placing and making available on the market of timber and timber products harvested in contravention of land tenure and the resource users rights of indigenous people shall be prohibited. Where legal proceedings are pending, operators shall suspend sourcing timber and timber products from those areas.
Amendment 143 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Labelling Member States shall ensure that within two years of the entry into force of this Regulation all timber and timber products placed and made available on the market are labelled in accordance with the provisions of Article 3.
Amendment 144 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Amendment 182 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Where serious infringements are suspected of having taken place, Member States shall start a full investigation and apply immediate enforcement measures.
Amendment 186 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Immediate enforcement measures 1. Where a natural person is suspected of having committed, or is caught in the act while committing an infringement, or a legal person is suspected of being held liable for such an infringement, Member States shall start a full investigation of the infringement and, in conformity with their national law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular; (a) immediate cessation of commercial activity (b) the re-routing to port of shipments, or the temporary immobilisation or re- routing of the transport vehicle to another location for inspection; (c) the temporary immobilisation or confiscation of any transport or supply vehicle or machinery used in the operation concerned; (d) the seizure of timber and timber products; (e) the suspension of the authorisation to place timber and timber products on the market 2. The enforcement measures shall be of such nature as to prevent the continuation of the infringement concerned and to allow the competent authorities to complete its investigation.
Amendment 194 #
Proposal for a regulation
Article 13
Article 13
The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulationwithin the meaning of Article 1 and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commis, which may include criminal or administrative penalties such as the temporary prohibition from marketing timber and timber products. Fines should be proportionate and determined taking into account the tax losses and environmental and economic damage occasioned by 31 December 20XX and shall notify it without delay ofan infringement in accordance with Article 1, and shall be at least X times the value of the timber or timber products obtained by the infringement. Without prejudice to other provisions laid down in Community law, pertaining to public funds, Member States shall not grant any spubsequent amendment affecting themlic aid under national aid regimes or under Community funds to operators convicted of an infringement in accordance with Article 1. The Member States shall notify those provisions to the Commission by 31 December 20XX and shall notify it without delay of any subsequent amendment affecting them.