48 Amendments of Nicolae ŞTEFĂNUȚĂ related to 2020/2006(INL)
Amendment 51 #
Motion for a resolution
Recital B
Recital B
B. Whereas Union consumption is estimated to contributes to at least 10% of global deforestation;
Amendment 80 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that approximately 80% of global deforestation is caused by the expansion of land used for agriculture; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and human rights violations across the globe;
Amendment 108 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes business’ growing awareness of the problem of global deforestation, forest degradation and ecosystem destruction, the need for corporate action and corresponding commitments; emphasises, however, that companies’ voluntary anti-deforestation commitments often only cover parts of their supply chains and were, as of yet, not sufficient to halt global deforestation;
Amendment 119 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that while voluntary third-party certification schemes alone, to date, are not effective in have helped with good practices and slowing down of the deforestation they cannot halting and reversinge global deforestation on their own and need to be complemented by mandatory measures.; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and implemented well with regard to the sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring, possibilities to monitor the supply chain, and sound requirements to protect primary forests and other natural forests and promote sustainable forest management;
Amendment 131 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. CriticEmphasises that third-party certification and labels alone unduly shift the responsibility to decide whether to purchase deforestation-free products to the consumers; therefore emphasises that third-party certification can only bre effective complementary tools, but cannot replace, thorough operators' due diligence processes of companies;
Amendment 139 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that a policy that is only dependent on consumer choice unduly shifts the responsibility to purchase deforestation-free to consumers, which will be insufficient in its effectiveness to mainstream more sustainable production. Notes that consumer information on deforestation- free products is a powerful tool to complement the legal framework on due diligence and urges the Commission to further integrate deforestation considerations within the EU Ecolabel, green public procurement and other initiatives in the context of the circular economy;
Amendment 140 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that consumer information on deforestation-free products may be a powerful tool to complement a legal framework on due diligence and to address the demand side of this topic; is convinced that this will make credible the Union’s actions against deforestation in the world; calls on the Commission to include risk of deforestation among the criteria of the green claims in the Directive 2005/29/EC on unfair commercial practices and to set up an EU pre-approval scheme to authorize the use of green claims;
Amendment 166 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highest forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, in particular regarding the identification of the origin of the products at the moment they are placed on the Union internal market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-based financial institutions operating in the Union providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
Amendment 167 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation and forest degradation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highestentailing forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-based all financial institutions authorised to operate in the Union and that are providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
Amendment 192 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that forest and ecosystem-risk commodities covered by this EU legal framework should be determined on the basis of objective and science-based considerations that such commodities pose high risks forare associated with the destruction and degradation of forests and high-carbon stock and biodiversity-rich ecosystems, as well as for the rights of indigenous people and human rights in general;
Amendment 206 #
9a. Emphasizes that, according to several studies1a a legal framework to prevent the entry into the Union internal market of products linked with deforestation, will have no impact on volume and price of the commodities sold in the Union and covered in the Annex of this resolution; _________________ 1a https://www.sciencedirect.com/science/arti cle/pii/S0959378014001046 http://biomas.agrosatelite.com.br/img/Geo spatial_analyses_of_the_annual_crops_dy namic_in_the_brazilian_Cerrado_biome.p df
Amendment 218 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that local communities, indigenous peoples, land and environmental defenders often are on the frontline of the fights to preserve ecosystems; is concerned that the degradation and destruction of forests and other valuable ecosystems frequently goes along with human rights violations or follows from it; urges, therefore, to include the protection of human rights, in particular land tenure, land and labour rights, with a special view to the rights of indigenous peoples and local communities, within the future EU legal framework;
Amendment 230 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that the availability and accuracy of the data used to assess at what date the land has been deforested/converted to another use needs to be reliable for effective implementation;
Amendment 240 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that some economic operators have embraced the 2014 New York Declaration on Forests and carried out processes to ensure the transparency of their value chain as regards deforestation; notes however that prior to this date very few data are available as regards transparency of economic operators’ supply chains;
Amendment 251 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that a strengthening of the EU legal framework on deforestation may have a significant impact on land prices in third countries and, in order to prevent any speculation, the cut-off date should not be set after the publication by the Commission of the proposal described in Annex of this resolution;
Amendment 265 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the impact of the Union’s consumption of forest and ecosystem-risk commodities needs to be adequately addressed in any follow-up, regulatory or non-regulatory, actions and measures to the EU Biodiversity Strategy for 2030 and Farm to Fork Strategy and the CAP Strategic Plan Regulation, including Member States’ National Strategic Plans;
Amendment 274 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Believes that the regulation proposed in the Annex of this resolution should be accompanied by trade-based partnership agreements with major producer countries of agricultural commodities, in order to tackle supply- side drivers of deforestation;
Amendment 277 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
Amendment 292 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point b
Annex I – point 1 – paragraph 2 – point b
b. the supply practices and financing of all economic operators active on the Union internal market,
Amendment 300 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point c
Annex I – point 1 – paragraph 2 – point c
c. production practices of economic operators harvesting, extracting, supplying, and processing forest and ecosystem-risk commodities (FERCs) or producing FERC- derived products in the Union internal market, as well as practices of their financiers;
Amendment 312 #
Motion for a resolution
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
The proposal should apply to all economic operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market for the first time, or that provides financing to the operators undertaking these activities. This should apply to both Union and non- Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/1020 of the European Parliament and of the Council1 ). _________________ 1Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 319 #
Motion for a resolution
Annex I – point 2 – paragraph 2 – introductory part
Annex I – point 2 – paragraph 2 – introductory part
All economic operators should be entitled to lawfully place FERCs and FERC- derived products on the Union market only when, following provisions laid down in Article 5(a), they are able to demonstrate that within their own activities and all types of business relationships that they have with business partners and entities along their entire value chain (i.e. suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, legal and other advisers) that, at the very most, there is a negligible risk level, that the goods placed on the Union market:
Amendment 346 #
Motion for a resolution
Annex I – point 2 – paragraph 4
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, natural forest degradation, and natural ecosystem conversion and degradation. These commodities should be listed in an annex to the proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 of the European Parliament and of the Council2 (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. _________________ 2Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).
Amendment 368 #
Motion for a resolution
Annex I – point 2 – paragraph 6
Annex I – point 2 – paragraph 6
The proposal should equally apply to Union-basedall financial institutions authorised to operate in the Union and who are providing money, insurance or other services to economic operators that harvest, extract, produce, process or sell forest and ecosystem-risk commodities and their derived products.
Amendment 371 #
Motion for a resolution
Annex I – point 2 – paragraph 7 – introductory part
Annex I – point 2 – paragraph 7 – introductory part
Amendment 373 #
Motion for a resolution
Annex I – point 2 – paragraph 7 – indent 1
Annex I – point 2 – paragraph 7 – indent 1
- identify the economic operators or traders that supplied the commodities covered by the Regulation and their derived products; and
Amendment 375 #
Motion for a resolution
Annex I – point 2 – paragraph 7 – indent 1 a (new)
Annex I – point 2 – paragraph 7 – indent 1 a (new)
- ensure the traceability of their products, in order to be able to identify their origin, when they are placed on the Union Internal Market, and;
Amendment 376 #
Motion for a resolution
Annex I – point 2 – paragraph 7 – indent 2
Annex I – point 2 – paragraph 7 – indent 2
- where applicable, identify the traders to which they supplied the commodities covered by the proposal and their derived products.
Amendment 377 #
Motion for a resolution
Annex I – point 2 – paragraph 7 a (new)
Annex I – point 2 – paragraph 7 a (new)
Financial institutions providing finance, investment, insurance or other services to operators engaged in the supply chain of commodities also have a responsibility to undertake due diligence to ensure that supply chain companies are respecting the above mentioned responsibilities on human rights.
Amendment 383 #
Motion for a resolution
Annex I – point 3 – point 3.1 – paragraph 2
Annex I – point 3 – point 3.1 – paragraph 2
For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that had on 1 January 200815 the status of natural forest or natural ecosystem, in accordance with the definition laid down in Section 3.3 “Definitions”, but had since lost that status as a result of deforestation or conversion.
Amendment 399 #
Motion for a resolution
Annex I – point 3 – point 3.2 – paragraph 2
Annex I – point 3 – point 3.2 – paragraph 2
For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that had the status on 1 January 200815 of natural forest or natural ecosystem, in accordance with the definition laid down in Section 3.3 “Definitions”, and still has that status, but where the land has been subject to changes amounting to degradation. It should only be legally possible to place on the Union market a commodity that has been harvested, extracted or produced in compliance with conservation objectives and it did not lead to the loss or degradation of ecosystem functions on or adjacent to the land from which it was harvested, extracted or produced.
Amendment 450 #
Motion for a resolution
Annex I – point 3 – point 3.4 – paragraph 2
Annex I – point 3 – point 3.4 – paragraph 2
At all stages, harvesting, extracting or producing covered commodities should respect local communities’ and indigenous peoples’ community and land tenure rights in all forms, whether they are public, private, communal, collective, indigenous, women’s or customary rights. Indigenous peoples’ and local communities’ formal and customary rights to lands, territories and resources should be identified and respected, as should their ability to defend their rights without reprisals. Those rights include the rights to own, occupy, use and administer these lands, territories and resources.
Amendment 465 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 1
Economic operators should take all necessary measures to respect and ensure respect for the environment and human rights throughout their entire value chain. This should include all types of business relationships of the undertaking with business partners and entities along its entire value chain (suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, and legal and other advisers), and any other non-State or state entity directly linked to its business operations, products or services.
Amendment 471 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Economic operators should have a complete overview of all actors at all levels of their value chains, be it suppliers, traders, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, and legal and other advisers. In particular, operators should be required to have, and make available information on: - the precise area of harvest, extraction or production of the commodities; - the present ecological status of the area of harvest, extraction or production; - the ecological status of the area at the indicated cut-off date; - the elements of the supply chain of the commodity in question, with the aim of having information about the likelihood of contamination risks with products of unknown origin or originating from deforested areas or from areas which natural forest, forest and ecosystem conversion and degradation occurred
Amendment 482 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 a (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1 a (new)
Economic operators should be required to have access to all the information related to the origin of the products entering the Union internal market through the systematic declaration of GPS coordinates for these commodities, after the entry into force of the proposal as laid down in Article 5(a).
Amendment 486 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Where an economic operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply chain, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. Certification schemes should require traceability as to the origin of products, paying particular attention to the use and promotion of GPS technologies that allow precise mapping of the farms and lands concerned. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risks analysis should be done with regard to the risks occurring from the economic operator’s activities to, or impact on, the environment, individuals or communities affected, rather than material risk to corporate shareholders.
Amendment 510 #
Economic operators should periodically check to see if their actions are actually reducing harmdue diligence system is fit for preventing harm and ensure the compliance of commodities and products with the framework and if not, adjust ithem or develop other actions. Thise evaluation of the due diligence system should be based on qualitative and quantitative indicators and, internal and external feedback and clear accountability processes.
Amendment 517 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point f – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point f – paragraph 1
Third-party certification schemes can complement and inform the risk assessment and mitigation components of due diligence systems, provided that these schemes are adequate in terms of scope and strength of sustainability criteria and meet adequate levels of transparency, impartiality and reliability. Third-party certification schemes should also meet specific governance criteria consisting of independence from the industry, inclusion of social and environmental interests in standard-setting, independent third-party auditing, public disclosure of auditing reports, transparency at all stages, and openness. Third-party certification schemes should complement the due diligence systems by ensuring the identification of the origin of products. It is only after the economic operator has performed such an assessment of the scope and strength of sustainability and of the governance criteria that it may decide to take into account third-party schemes where necessary and relevant. However, third-party certification should not impair the principle of the economic operator’s liability.
Amendment 521 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point f – paragraph 1 a (new)
Annex I – point 4 – point 4.1 – paragraph 3 – point f – paragraph 1 a (new)
Standards and certification schemes that help to identify and promote deforestation-free commodities should be strengthened through, among other things, studies on their benefits and shortcomings and by developing guidance, including an assessment based on certain criteria to demonstrate the credibility and solidity of different standards and schemes. Such criteria should address aspects such as the robustness of the certification and accreditation processes, independent monitoring, possibilities to monitor the supply chain, requirements to protect primary forests and ecosystems of high biodiversity value.
Amendment 526 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
The Union may negotiate Voluntary Partnership Agreements with FERC- producing countries (partner countries), which create a legally binding obligation for the parties to implement a licensing scheme and to regulate trade in FERCs in accordance with the national law of the FERC-producing country and the environmental and human rights criteria laid out in the proposal. FERCs which originate in partner countries with Voluntary Partnership Agreements should be considered to be of negligible risk, as far as the partnership agreement is implemented for the purpose of the proposal.
Amendment 538 #
Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 1
Annex I – point 4 – point 4.3 – paragraph 1
Economic operators should routinely report eport every year on the system they use and how they apply it to the commodities in question, their due diligence and consultation processes, the risks identified, their procedures for risk analysis, risk mitigation and remediation, and their implementation and outcomes to the competent authority and in a public, accessible and appropriate manner.
Amendment 544 #
Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 3
Annex I – point 4 – point 4.3 – paragraph 3
The Commission should adopt delegated acts to set out the format, the frequency and the elements of the reports. In particular, economic operators should, inter alia, report on the identified risks and impacts; the actions taken to cease and remedy existing abuses and to prevent and mitigate risks of abuse, as well as their outcomes; the measures and results of monitoring the implementation and effectiveness of such actions, warnings received through the early-warning mechanism and how the economic operator took them into account in their due diligence processes, and a list of all subsidiaries, subcontractors and suppliers, products and their quantity and origin. A failure to publish complete and timely reports should be penalisedlead to the suspension of the authorisation to place products on the Union internal market.
Amendment 551 #
Motion for a resolution
Annex I – point 4 – point 4.5 – paragraph 1
Annex I – point 4 – point 4.5 – paragraph 1
The Commission should develop voluntary guidance to supplement legal obligations contained in the proposal, in particular to clarify the due diligence expectations for specific contexts, sectors, or in relation to certain types of economic operators, and guidance how to integrate existing environmental management systems, such as the international environmental management standard ISO 14001 or the Eco-Management and Audit Scheme (EMAS), into an economicguidelines and guidance to facilitate compliance with the legal obligations contained in the proposal, for specific contexts, sectors, or in relation to certain types of economic operators, and guidance how to integrate specific concerns into an operator’'s due diligence processes.
Amendment 567 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point iii
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point iii
iii. immediate suspension of authorisation to trade; place products on the Union internal market;
Amendment 577 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 2 – indent 1
Annex I – point 5 – point 5.1 – paragraph 2 – indent 1
- listing and making public economic operators falling under the remit of the proposal in a public register;
Amendment 589 #
Motion for a resolution
Annex I – point 5 – point 5.2 – point b – paragraph 1 – introductory part
Annex I – point 5 – point 5.2 – point b – paragraph 1 – introductory part
Where a plaintiff has presented reasonablystrong available facts and evidence sufficient to support their action, the defendant should bear the burden of proving:
Amendment 594 #
Motion for a resolution
Annex I – point 5 a (new)
Annex I – point 5 a (new)
5a. Entry into force of the proposal on due diligence 1. Economic operators placing commodities or derived products covered by this proposal should ensure the transparency and traceability of their entire value chain within two years after the entry into force of the proposal. 2 Two years after the entry into force of the proposal, operators should only place on the Union internal market commodities or derived products of these commodities that can be sourced with a negligible risk of deforestation, according to the provisions of the proposal.
Amendment 595 #
Motion for a resolution
Annex I – point 5 b (new)
Annex I – point 5 b (new)
5b. EU’s external actions and deforestation When negotiating National Indicative Programmes (NIP) with third countries, the Commission should prioritise provisions to help third countries’ companies and smallholders working with operators placing FERC commodities on the Union internal market to carry out activities that do not harm forest and ecosystems;