Activities of Caroline LUCAS related to 2008/0198(COD)
Plenary speeches (2)
Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss - Timber and timber products (debate)
Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss - Timber and timber products (debate)
Reports (1)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market PDF (386 KB) DOC (601 KB)
Amendments (13)
Amendment 64 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the absence of an internationally agreed definition the legislation of the country where the timber was harvested should be the primary basis to define what 1 OJ L 347, 30.12.2005, p. 1 2 OJ L 347, 30.12.2005, p. 1 constitutes illegal loggingconstitutes illegal logging. The application of legality standards should involve further consideration of international standards including, inter alia, those of the African Timber Organisation; the International Tropical Timber Organisation; the Montreal Process on Criteria and Indicators for the Conservation and Sustainable Management of Temperate and Boreal Forests, and the Pan-European Forest Process on Criteria and Indicators for Sustainable Forest Management. It should contribute to the implementation of 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, and local and forest-dependent communities.
Amendment 68 #
Proposal for a regulation
Recital 12
Recital 12
(12) Many timber products undergo numerous processes before and after they are placed on the market for the first time. In order to avoid imposing any unnecessary administrative burden only those operators that place timber and timber products on the market for the first time, rather than all operators involved in the distribution chain, should be subject to the requirements laid down in this Regulation. to put in place a full system of measures and procedures (due diligence system) to minimise the risk of placing illegally harvested timber and timber products on the market. However all operators in the supply chain should be bound by the overriding prohibition against making illegally sourced timber or timber products available on the market, and must exercise due care to this effect.
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Operators shall exercise due diligence to minimise the risk of placing illegally harvested timber and timber products on the market. To that effect, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence system’nsure that they place or make available on the market only legally harvested timber and timber products.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
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) provide information on the name of the species, the country of harvest and where feasible the forest of origin; (ii) identify the operator who has supplied the timber and timber products, and the operator to whom the timber and timber products have been supplied;
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The Commission shall adopt measures for the implementation of this Article. The Commission shall, in particular, establish criteria for assessing whether there is a risk of illegally harvested timber and timber products being placed on the market and shall make available a register of high risk sources of timber and timber products.
Amendment 146 #
Proposal for a regulation
Article 5
Article 5
1. Competent authorities shallThe Commission shall, in accordance with the regulatory procedure referred to in Article 11(2a), recognise as a monitoring organisations which apply for such recognition, if the monitoring organisation a private or public entity which has established a due diligence system which contains the elements set out in Article 4(1). 1a. A public entity applying for the recognition provided for in paragraph 1 shall compliesy with the following requirements: (a) it has legal personality; (aa) is governed by public law; (b) it has been established a due diligence system which contains the elements set out in Article 4(1):to carry out particular functions regarding the forest sector but not with the purpose of administering or enforcing national requirements concerning harvesting activities; (ba) it is financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; (c) it obliges operators it certifies to use its due diligence systems; (d) it has in place a monitoring mechanism to ensure the use of the due diligence systems by the operators which it has certified as making use of its due diligence system; (e) it takes appropriate disciplinary measures against any certified operator who fails to comply with theits due diligence system of the monitoring organisation ; disciplinary measures may include reporting the matter to the relevant national competent authority. (ea) it has no conflict of interest with the competent authorities.
Amendment 159 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. A private entity applying for the recognition provided for in paragraph (1) shall comply with the following requirements: (a) it is governed by private law; (b) it has legal personality; (c) it has appropriate expertise; (d) it is financially independent from the operators it certifies; (e) the operators it certifies are bound by the entity’s articles of association to use its due diligence systems; (f) it has in place a monitoring mechanism to ensure the use of the due diligence systems by the operators which it has certified as making use of its due diligence system; (g) it takes appropriate disciplinary measures against any certified operator who fails to comply with its due diligence system; disciplinary measures may include reporting the matter to the relevant national competent authority.
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Competent authorities shall decideA decision on whether to grant recognition to a monitoring organisation shall be taken within three months of the submission of an application by the monitoring organisation. They shall carry out checks at regular intervals to ascertain that monitoring organisations comply with the requirements laid down in paragraph 1. decision to grant recognition to a monitoring organisation shall be communicated by the Commission to the competent authority of the Member State with jurisdiction over that organisation, together with a copy of the application, within 15 days of the date of the decision. Member State competent authorities shall carry out checks, including field-based audits, at regular intervals, or on the basis of substantiated concerns from third parties, to ascertain that monitoring organisations comply with the requirements laid down in paragraph 1. If, following those checks, competent authorities ascertain that monitoring organisations do not comply with the requirements laid down in paragraph 1, they shall forthwith inform the Commission and communicate to it any relevant evidence in that regard.
Amendment 178 #
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. Where such measures have been requested but have not been taken by the operator within the specified time limit the competent authorities may apply penalties pursuant to Article 13.
Amendment 183 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. If, following the controls referred to in paragraph 1, the operator is presumed to have knowingly infringed the requirement(s) set out in Article 3, the competent authorities may in accordance with their national legislation take immediate measures which may inter alia include: a) the immediate cessation of commercial activities and b) the seizure of timber and timber products.
Amendment 195 #
Proposal for a regulation
Article 13
Article 13
The Member States shall lay down the rules on penaltiesanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penaltiesanctions provided for must be effective, proportionate and dissuasive. 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 themay include criminal or administrative penalties and must be effective, proportionate and dissuasive, and may include, inter alia: (i) financial penalties reflecting the degree of environmental damage; (ii) seizure of timber and timber products; (iii) temporary prohibition from marketing timber and timber products. 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.
Amendment 200 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Amendment to Directive 2008/99/EC 1. The following point shall be added to Article 3 of Directive 2008/99/EC with effect from the date of application of this Regulation: ‘(ia) the making available on the market of illegally harvested timber or timber products.’ 2.The following indent shall be added to Annex A of Directive 2008/99/EC with effect from the date of application of this Regulation: - ‘Regulation of the European Parliament and of the Council of [...] laying down the obligations of operators who place timber and timber products on the market’.
Amendment 202 #
Proposal for a regulation
Article 15 – subparagraph 2
Article 15 – subparagraph 2
It shall apply from […]1 1 Note to OJ: twoone years after the date of entry into force of this Regulation