18 Amendments of Reinhard BÜTIKOFER related to 2014/0059(COD)
Amendment 72 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) By reducing the financing of armed groups and security forces in conflict affected or high risk areas this regulation contributes to the Union’s conflict prevention policy. Preserving peace, preventing conflicts, strengthening international security are among the prime objectives of the Union’s external action as set out in, inter alia, Article 21 of the Treaty on European Union (TEU). Also in its conclusions of 15 and 16 June 2001, the European Council endorsed the Union Programme for the Prevention of Violent Conflicts, underlining the Union’s political commitment to pursue conflict prevention as one of the main objectives of the Union’s external relations,. The Council conclusions of 20 June 2011 on conflict prevention restated the validity of that Programme as a valid policy basis for further Union action in the field of conflict prevention.
Amendment 73 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Stresses the importance of the rights of indigenous peoples as set out in the United Nations Declaration on the Rights of Indigenous Peoples and the International Labour Organization’s Convention 169 on Indigenous and Tribal Peoples, particularly with regards to the extractive industries.
Amendment 103 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation of this Regulation, implementing powersprovide a stable framework for economic operators, the power to adopt an act in accordance with Article 290 Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission. The implementing powers relating to the l in respect of establishing Annexes to this Regulation. It ist of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechparticular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate tranisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)ission of relevant documents to the European Parliament and to the Council.
Amendment 110 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Coherence and coordination needs to be ensured with regard to other European Union instruments such as Regulation 230/2014 establishing an Instrument contributing to Stability and Peace, in particular Article 4(1)e aiming at curbing the use of natural resources to finance conflicts, and supporting compliance by stakeholders, especially as regards the implementation of efficient domestic controls over the production of, and trade in, natural resources.
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) ‘manufacturing’ means the process of converting raw materials, components, or parts into a final product for sale or distribution to an end user;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘conflict-affected and high-risk areas’ means areas in a statthe presence of armed conflict, widespread violence or other major risks of harm to people and areas in a state of fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses. Armed conflict may take a variety of forms, such as a conflict of international or non-international character. High-risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence. Such areas are often characterised by widespread human rights abuses and violations of national or international law;
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The responsible importer of the minerals or metals within the scope of this Regulationpublic-interest entity and the large undertaking within the scope of this Regulation, and responsible smelters and refiners shall carry out audits via an independent third-party.
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Responsible Annex II smelters and refiners both inside and outside the territory of the European Union shall, for the purpose of being included in a Member State competent authority’s reports under Article 15(1) and the list referred to in Article 8, submit to that authority: (a) documentation in accordance with paragraphs 1 and 3 above; and (b) a declaration of conformity with the OECD Due Diligence Guidance.
Amendment 313 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner. The Commission shall remove from the list the names of the smelters and refiners that are no longer recognised as responsible importers by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importer, but not later than every 6 months.
Amendment 320 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13. The Commission shall update the list regularly.
Amendment 327 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks mayshall be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importerpublic- interest entities and large undertakings with this Regulation.
Amendment 343 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a List of conflict-affected and high-risk areas A list of conflict-affected and high-risk areas shall be established by the Commission, in close cooperation with the European External Action Service, pursuant to Article 3 of Council Decision 2010/427/EU1a, in accordance with the template in (Annex III a new) and the procedure referred to in Article 13 of this Regulation. It shall be established on the basis of information received by its services, the Member States and its competent authorities, from open sources or third parties. It shall be updated in a timely manner, when relevant, but not later than every 6 months.
Amendment 344 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12b List of minerals and metals 1. The Commission shall regularly review developments with regard to the contribution of global trade in minerals and metals to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the scope of Annex I and II, in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to add minerals and metals or to remove added minerals and metals to and from the list of covered minerals and metals. Such a review shall take not less than every two years. 3. The Commission shall be empowered to adopt delegated acts in order to add minerals and metals or to remove added minerals and metals to and from the list of covered minerals and metals as stated in paragraph 2. The Commission shall have power to amend Annexes I and II in accordance with the procedure referred to in Article 13.
Amendment 345 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 348 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in relevant Articles shall be conferred to the Commission for a period of 5 years’ time from (Date of entry into force of the basic legislative act or any other date set by the legislator). 3. The delegation of powers referred to in relevant Articles may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to the relevant Articles shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 364 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importsmelters and refiners as set out in Article 7(1) (a), 7.2 and 7.3 (a) and (c).