22 Amendments of Anders WIJKMAN related to 2008/0198(COD)
Amendment 87 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 106 #
Proposal for a regulation
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) ‘high risk’ means a situation where extra due diligence obligations are needed because of the following high risk factors: 1) the timber product 2) the source of the timber: a high risk is assumed, where there is consistent and reliable information regarding significant failures of forest governance in the respective country of origin which would permit export of illegal timber from a country, 3) the complexity of the supply chain of a product: higher risk of illegal content in a product is assumed where the supply chain is more complex.
Amendment 117 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Development of sustainability requirements The European Parliament and the Council, or the Council, as appropriate, shall adopt a Community standard for all timber and timber products sourced from natural forests aimed at achieving the highest sustainability requirements. Such measures shall be adopted acting on proposals presented by the Commission within 3 years after date of entry into force of this Regulation in accordance with procedures laid down in the Treaty.
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities shallThe Commission shall, following the procedure set out in paragraph 3b, recognise monitoring organisations which apply for such recognition, if the monitoring organisation complies with the following requirements:
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) it has appropriate expertise;
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(ab) it is financially independent from the operators it certifies;
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) it takes appropriate disciplinary measures against any certified operator who fails to comply with the due diligence system of the monitoring organisation. These measures shall include as main sanctions reporting the matter to the relevant national enforcement authorities and to the Committee as defined in Article 11.
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) it has rules providing for the following: (i) its members or operators certified by the monitoring organisation to be bound to use its due diligence systems; (ii) scrutiny of the monitoring organisation by its members or operators using its system.
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) documentation to demonstrate its ability to adopt a system that complies with the criteria set out in Articles 4 and 5(1);
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Competent authoritiesIn accordance with the procedure laid down in Article 11(2), the Commission shall decide whether to grantrecommend recognition to a monitoring organisation within three months of the submission of an applreceiving a notification byfrom the monitoring organisacompetent authority of a Member State that is recommending the organisation for recognition.
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. A competent authority shallIn accordance with the procedure laid down in Article 11(2), the Commission shall decide whether to withdraw the recognition of a monitoring organisation if it has been established that the requirements set out in paragraph 1 are no longer fulfilled.
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Competent authorities shall notify the Commission within two months of any decision to recommend the grant, refuseal or withdrawal of recognition to aof any monitoring organisation.
Amendment 171 #
Proposal for a regulation
Article 7 – title and paragraph 1
Article 7 – title and paragraph 1
Monitoring measures Monitoring and control measures 1. Competent authorities shall carry out checkontrols to verify if operators comply with the requirements set out in Article 3(1) and (2) and Article 4(1).
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Controls shall be conducted according to a yearly plan and/or on the basis of substantiated concerns provided by third parties.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. Controls may include, inter alia,: (a) examination of the technical and managerial systems and procedures of due diligence and risk assessment that the operators use. (b) examination of documentation and records that demonstrate the proper functioning of the systems and procedures. (c) spot checks, including field audits.
Amendment 176 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Operators shall offer all assistance necessary to facilitate the performance of the checkontrols referred to in paragraph 1.
Amendment 177 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Following the checkontrols referred to in paragraph 1 the competent authorities may request the operator to take corrective measures.take immediate corrective measures. Such measures may include, inter alia: (a) the immediate cessation of commercial activities (b) the seizure of timber and timber products;
Amendment 184 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Checks shall be carried out, in any case, where: (a) the competent authority of the Member State has grounds to question compliance with the requirements of this Regulation regarding the placing on the market of timber or timber products by an operator; or (b) the competent authority of the Member State is in possession of information that questions compliance by the operator with the requirements for due diligence systems set out in this Regulation.
Amendment 191 #
Proposal for a regulation
Article 12
Article 12
Amendment 197 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Member States shall take appropriate measures to ensure the imposition of sanctions for at least the following infringements of this Regulation: (a) the failure by an operator to establish a due diligence system; (b) the failure by an operator to establish and/or operate a due diligence system which meets all the requirements of this Regulation and in particular of Article 4; (c) the placing on the market by an operator of timber or timber products where the operator either knows, or fails to exercise due diligence to eliminate the risk, that the timber was harvested, traded or processed in contravention of the laws of the country of origin. 2. The Member States shall impose a maximum sanction of at least five times the value of the timber products obtained by committing a serious infringement. In case of a repeated serious infringement within a five-year period, the Member States shall impose a maximum sanction of at least eight times the value of the timber products obtained by committing the serious infringement. In applying these sanctions the Member States shall also take into account the value of the prejudice to the timber resources and the forest environment concerned. 3. Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions. 4. Member States may provide, in accordance with national law, for the confiscation of timber or timber products which have been placed on the market in contravention of the requirements of this Regulation.
Amendment 198 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. In preparing the report referred to in paragraph (2), the Commission shall have regard to the progress made in respect of the conclusion and operation of the FLEGT Voluntary Partnership Agreements adopted pursuant to Regulation No 2173/2005. The Commission shall consider whether any revisions of this Regulation are required in the light of experience of the operation of the FLEGT VPAs and their effectiveness in addressing the problem of illegal timber.