Activities of Marielle DE SARNEZ related to 2014/0059(COD)
Plenary speeches (2)
Self-certification of importers of minerals and metals originating in conflict-affected and high-risk areas (A8-0141/2015 - Iuliu Winkler) FR
Self-certification of importers of minerals and metals originating in conflict-affected and high-risk areas (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas PDF (837 KB) DOC (574 KB)
Amendments (21)
Amendment 24 #
Proposal for a regulation
Recital 2
Recital 2
(2) The issue concerns resource-rich regions where the challenge posed by the desire to minimiseshut off the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations.
Amendment 27 #
Proposal for a regulation
Recital 7
Recital 7
(7) On 7 October 2010In its resolutions of 7 October 20109a, of 8 March 20119b, of 5 July 20119c and of 26 February 20149d, the European Parliament passed a Resolution callinged for the Union to legislate along the lines of the US '‘conflict minerals’ law alias Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and the Commission announced in its Communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain, including aspects of due diligence. In the latter communication and in line with the commitment it had made at the May 2011 OECD Ministerial Council, the Commission also advocated greater support for and use of the OECD Guidelines for Multinational Enterprises, and of the OECD Due Diligence Guidance – even outside the OECD membership. _____________ 9aEuropean Parliament resolution of 7 October 2010 on failures in protection of human rights and justice in the Democratic Republic of Congo. 9bEuropean Parliament resolution of 8 March 2011 on Tax and Development – Cooperating with Developing Countries on Promoting Good Governance in Tax Matters. 9cEuropean Parliament resolution of 5 July 2011 on increasing the impact of EU development policy. 9dEuropean Parliament resolution of 26 February 2014 on promoting development through responsible business practices, including the role of extractive industries in developing countries. __________________ 10 Trade, growth and development, COM(2012) 22 final.
Amendment 53 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Commission and the Vice- President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy should submit a legislative proposal setting out effective flanking measures. That legislative proposal will supplement the joint communication to the European Parliament and the Council annexed to this Regulation.
Amendment 93 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) European businesses which voluntarily establish a responsible sourcing system for minerals will be certified by the Commission by means of a label.
Amendment 103 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 105 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
Amendment 210 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 243 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) 'responsible ‘smelters or refiners'’ means smelters or refiners in the supply chain of the responsible importer;
Amendment 372 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Accompanying measures 1. The European Union delegations in the countries that coincide with ‘conflict- affected and high-risk areas’ within the meaning of Article 2(e) of this Regulation are to: (a) draw up and update maps of mines that represent a risk, where illegal exploitation is fuelling conflict. They can make use of information gathered by local and international non-governmental organisations, international organisations such as the UN and the OECD, the Member States’ diplomatic networks, private sector due diligence initiatives and the country’s national and local authorities; (b) provide the most reliable possible information on the conflict and mining activities to EU operators in the country. This information is to be communicated on request to EU operators in the country via a natural resources contact point in each delegation concerned; 2. The EEAS in Brussels shall centralise information on conflict minerals gathered by delegations and make it available to companies;
Amendment 373 #
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Article 15b The Commission and the EEAS shall engage in political dialogue with the governments of the countries that extract and produce minerals in order to raise awareness of the need for responsible mining operations and to help them put an end to the financing of conflicts by exploitation of minerals;
Amendment 374 #
Proposal for a regulation
Article 15 c (new)
Article 15 c (new)
Article 15c The Union shall establish a dialogue on the need to combat the financing of armed conflicts by means of expoitation of minerals, in the framework of its political and diplomatic relations with: (a) The countries that have legislation designed to combat the exploitation of conflict minerals or that have due diligence initiatives in place; (b) The countries that have significant mineral processing industries;
Amendment 375 #
Proposal for a regulation
Article 15 d (new)
Article 15 d (new)
Article 15d The European Union shall support the initiative of the States taking part in the International Conference on the Great Lakes Region (ICGLR) as adopted in the Declaration at the Lusaka Summit in December 2010 on the fight against the illegal exploitation of natural resources in the Great Lakes Region, and shall work in partnership with these countries to monitor and put an end to the exploitation of conflict minerals;
Amendment 376 #
Proposal for a regulation
Article 15 e (new)
Article 15 e (new)
Article 15e An exchange network of good practice on due dilegence shall be put in place on the initiative of the Commission and the EEAS. It shall bring together the various actors who have taken Responsible Supply Chain initiatives, and representatives of the OECD and the United Nations;
Amendment 377 #
Proposal for a regulation
Article 15 f (new)
Article 15 f (new)
Article 15f The High Representative of the Union for Foreign Affairs and Security Policy and national diplomats from the Member States shall put the issue of conflict minerals on the agenda of the United Nations General Assembly and Security Council;
Amendment 378 #
Proposal for a regulation
Article 15 g (new)
Article 15 g (new)
Article 15g The European Union Stability Instrument shall be used to finance projects to combat the illegal exploitation of minerals, particularly projects that are designed to raise awareness among the public authorities, private sector actors and civil society organisations, or that help to put an end to the financing of conflicts by exploitation of minerals, and must have adequate resources to achieve these objectives;
Amendment 379 #
Proposal for a regulation
Article 15 h (new)
Article 15 h (new)
Article 15h The Commission and the EEAS, together with the national and local authorities of partner countries, shall put in place projects that favour good governance, the fight against corruption and the fight against arms trading;
Amendment 380 #
Proposal for a regulation
Article 15 i (new)
Article 15 i (new)
Article 15i In its dialogue with third countries, the European Union shall encourage the establishment of social standards and minimum health and safety standards in order to improve miners’ working conditions. The European Union shall urge these countries to combat child labour in the mines;
Amendment 381 #
Proposal for a regulation
Article 15 j (new)
Article 15 j (new)
Article 15j The Commission and the Member States must be prepared to help partner countries of the European Union that are affected by the exploitation of conflict minerals when setting up projects to reform the safety system and reform the legal system;
Amendment 382 #
Proposal for a regulation
Article 15 k (new)
Article 15 k (new)
Article 15k The European Union and the United Nations shall increase their cooperation in UN peacekeeping operations with regard to the monitoring and combating of illegal mining operations in conflict countries;
Amendment 444 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Due diligence obligations applicable to smelters and refiners 1. European smelters and refiners which process and import minerals and concentrates thereof shall have an obligation to apply the European due diligence system with regard to the supply chain or a due diligence system recognised as equivalent by the certification authorities of the European Union. 2. The certification authorities of the European Union shall ensure the proper application of the European due diligence system by smelters and refiners. If there is a failure to comply with these obligations, the authorities shall notify the fact to the smelter or refiner, and shall ask them to take corrective measures in order to comply with the European due diligence system. In the event of a persistent failure to comply, the certification authorities of the European Union shall impose penalties for infringement of this regulation. These penalties shall cease when the smelter or refiner complies with the provisions of this regulation.
Amendment 510 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Establishment of a ‘European responsible supply chain label for imports of minerals’, for use by undertakings operating downstream of the mineral supply chain 1. Undertakings operating downstream of the mineral supply chain which decide to establish due diligence arrangements based on the OECD Guidance or on equivalent sectoral due diligence initiatives shall be awarded a ‘European responsible supply chain label for imports of minerals’ by the Commission. 2. European undertakings which wish to receive certification shall submit a file to the Commission detailing the due diligence measures which they are establishing. 3. On the basis of predetermined criteria, the Commission shall certify European undertakings operating downstream of the mineral supply chain. The Commission, taking as a basis the OECD Due Diligence Guidance, shall define the criteria for awarding the label, for which purpose it may consult the secretariat of the OECD. The conditions for awarding the ‘European responsible supply chain label for imports of minerals’ must be as strict as those required by the OECD certification system. 4. The Commission may recognise equivalence between the European due diligence system and the sectoral due diligence arrangements already established by sectors of industry which serve the same purposes of securing the mineral supply chain as the European system. 5. Undertakings which have been awarded the ‘European responsible supply chain label for imports of minerals’ shall be encouraged to display this label on their websites and to inform European consumers of the fact.