BETA

22 Amendments of Anders WIJKMAN related to 2008/0198(COD)

Amendment 87 #
Proposal for a regulation
Recital 23
(23) In order to enable operators and competent authorities to prepare themselves in order to meet the requirements of this Regulation, this Regulation shall apply two years after its entry into force.deleted
2009/01/29
Committee: ENVI
Amendment 106 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 117 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
2a. Operators who make timber and timber products available on the market shall, throughout the supply chain, be able to: (i) identify the operator who has supplied the timber and timber products, and the operator to whom the timber and timber products have been supplied; (ii) provide information on the country and district of origin of the timber and timber products; (iii) check, where necessary, that the operator who has first placed the timber and timber products on the market has fulfilled the obligations of this Regulation.
2009/01/29
Committee: ENVI
Amendment 145 #
Proposal for a regulation
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:
2009/01/29
Committee: ENVI
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(aa) it has appropriate expertise;
2009/01/29
Committee: ENVI
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(ab) it is financially independent from the operators it certifies;
2009/01/29
Committee: ENVI
Amendment 154 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 157 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 162 #
Proposal for a regulation
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);
2009/01/29
Committee: ENVI
Amendment 165 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 167 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 168 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 171 #
Proposal for a regulation
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).
2009/01/29
Committee: ENVI
Amendment 173 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 174 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 176 #
Proposal for a regulation
Article 7 – paragraph 2
2. Operators shall offer all assistance necessary to facilitate the performance of the checkontrols referred to in paragraph 1.
2009/01/29
Committee: ENVI
Amendment 177 #
Proposal for a regulation
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;
2009/01/29
Committee: ENVI
Amendment 184 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 191 #
Proposal for a regulation
Article 12
The Commission may amend the list of timber and timber products set out in the Annex taking into account technical characteristics, end-uses and production processes. Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).deleted
2009/01/29
Committee: ENVI
Amendment 197 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI
Amendment 198 #
Proposal for a regulation
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.
2009/01/29
Committee: ENVI