11 Amendments of Rosa ESTARÀS FERRAGUT related to 2021/0366(COD)
Amendment 1 #
Proposal for a regulation
Recital 15
Recital 15
(15) Halting deforestation and forest degradation is an essential part of the SDGs and the fulfilment of the 2030 Agenda. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2decent work and economic growth (SDG 8), zero hunger (SDG 2), no poverty (SDG 1), clean water (SDG 6), reduced inequality (SDG 10) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action. This Regulation should consider and make a central component of its implementation all three dimensions of sustainability: environmental, social and economic. Leaving none behind should also be a guiding principle in the Regulation.
Amendment 2 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, stakeholders on the ground, local civil society and local communities, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous peopleand strengthening the role and rights of indigenous people and local communities i.e. through the recognition of their collective land ownership as enshrined in ILO Convention 169 and the UN Declaration on the Rights of Indigenous People (UNDRIP) and their rights to free, prior and informed consent, as a means to avoid among others land grabbing, as well as smallholders, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate- resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests that respect human rights, as well as ensuring a level playing field to avoid income loss in developing countries and unfair competition. In doing so it should acknowledge the role of indigenous people and local communities in protecting forests and natural ecosystems and maintaining of socially and environmentally sustainable agricultural practices which do not make them exclusively dependent on commodity production for export but support a transition focused on agro-ecology; it should recognise the important role of smallholders in the production of the commodities considered in this Regulation; and it should also promote and facilitate scientific and academic cooperation, as well as research programs to promote knowledge and innovation regarding forests and preservation, including ancestral knowledge of local communities. Recalls that indigenous people, local communities, smallholder farmers and women possess and heavily rely on indispensable knowledge regarding forests. Stresses the fact that preserving natural resources is not just a matter of protecting biodiversity, but also a question of social justice in the vision of an ecological restoration. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders, especially women, in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation. and support forest regeneration, in line with the Communication on Stepping up Action to Protect and Restore the World's Forests.
Amendment 3 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of production; and international law and standards on tenure rights and on the rights of indigenous peoples and local communities, including customary tenure rights and the right to Free, Prior and Informed Consent, in line with the International Labour Organization Convention 169, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples, as well as considering the provisions of the UN Guiding Principles on Business and Human Rights; and
Amendment 4 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Operators shall ensure meaningful engagement and participation of all relevant stakeholder groups, in particular with potentially impacted stakeholders and right holders, notably indigenous people and local communities and their right to FPIC - in the due diligence process. They shall engage with stakeholders prior to taking any decisions that may impact them;
Amendment 5 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may adopt delegated acts in accordance with Article 33 and commodity-specific guidance to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system, as well as the application of information requirements to smallholders and ensure that they retain ownership and control over proprietary data.
Amendment 6 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties, including indigenous peoples, local communities, civil society organisations and international organisations, and be based on the following assessment criteria:
Amendment 7 #
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activitiesthe United Nations Declaration on the Rights of Indigenous Peoples, and relevant law in accordance with Article 2 paragraph 1 point 28 of this regulation and takes effective enforcement measures to ensure that those laws are implemented and to avoid and sanction activities related to the production of relevant commodities for export leading to deforestation, and forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation, or forest degradation or non-compliance with the rules applicable in the country of production described in Article 2(28) are applied.
Amendment 8 #
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. It shall also carry out a public consultation to gather information and views from all interested parties, including in particular vulnerable peoples, indigenous peoples, local communities, smallholders, women, and civil society organisations, including trade unions. The Commission shall allow the countries and other interested parties adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.
Amendment 9 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage and work in partnership with producer countries concerned by this Regulation, including those that are engaged in VPA FLEGT processes, to develop partnerships and cooperation to jointly address the root causes of deforestation and forest degradation. Such partnerships and cooperation mechanisms will, to adopt agro-ecological and production systems that are free from forest destruction and which respect human rights, including structural poverty and the need for a living income for forests and ecosystems dependent societies in partner countries concerned by this Regulation. Such partnerships and cooperation mechanisms shall serve to allow for the exchange of information and good practices, be supported by technical and sufficient financial resources and focus on the conservation, restoration and sustainable use of forests, ending deforestation, and forest degradation, human rights protection and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation. , while stimulating stable and legal business and contributing to sustainable and inclusive economies and societies. These partnerships and cooperation mechanisms shall aim at enhancing cooperation with producer country customs authorities and other relevant law enforcement agencies, strengthening/improving good governance, as well as protecting the rights and livelihoods and subsistence of forest dependent communities including indigenous peoples, local communities, other customary tenure rights holders and smallholders, especially women, in ways that respect their culture and customs. Such partnerships and cooperation mechanisms shall also involve facilitating scientific and academic cooperation. Partnerships and cooperation mechanisms must ensure and include multi- stakeholder structured dialogues and collaboration, support programmes and actions, including assistance in the development and implementation of national frameworks for forestry and sustainable forestry, specific technical and capacity building support, administrative arrangements and provisions in existing agreements or agreements as well as trade incentives that enable producer countries, with a specific focus on smallholders, indigenous peoples and local communities, to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation, leaving none behind and facilitating their access to the European Union Market. They should be based on time bound milestones agreed with local stakeholders, such as smallholders, indigenous people and local communities. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation. All these partnerships and cooperation mechanisms are especially relevant for countries listed in the high-risk category. Partnerships and cooperation mechanisms shall properly take into consideration environmental, social and economic dimensions. Income depletion for vulnerable populations, loss of jobs, regression in the achievements of developing countries and incentives for illegal activities shall be avoided.
Amendment 10 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allowall be provided with adequate financial resources and should support and allow for the monitoring of the full participation of all stakeholders, including civil society, namely local environmental defenders, indigenous peoples, local communities, women and the private sector including, SMEs and smallholders. The Commission shall assist least developed countries (LDCs) in their understanding, implementation and compliance with the standards laid down in this Regulation, keeping an open cooperation towards capacity building with national, regional and local governments, civil society organisations and producers, especially small producers. Partnerships and cooperation should include support for demarcation and recognition of indigenous peoples and local communities rights, including tenure rights, in line with international standards in order to clarify the domestic legal situation and set clear obligations for undertakings and support – and, where not already present through existing agreements and dialogues such as FLEGT VPAs, initiate inclusive and participatory dialogue toward national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation and forest degradation.
Amendment 11 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, in consultation with indigenous peoples, local communities, civil society organisations and smallholders and through participatory multi-stakeholder processes, promote the development of integrated land use planning processes, relevant legislations and legal reforms, taking into consideration the existing national legal framework, where relevant, fiscal incentives and other pertinent tools to improve governance and law enforcement, forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitivenessincluding agroecology and competitiveness, greater food security, transparent supply chains, strengthen the rights of forest dependent communities including smallholders, women, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information. , local communities, and other groups with customary land rights, seek the recognition and respect of their land rights, ownership, tenure and access to land, and right to free, prior and informed consent, in accordance with international standards and in line with the Voluntary Guidelines for Responsible Governance of Tenure of Land, Fisheries and Forests, ensure public access to forest management documents and other relevant information and support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market. Any project developed under these partnerships, including those focusing on conservation and restoration, must respect the rights of indigenous peoples, obtain their free, prior and informed consent regarding any project and/or development in their territories, and respect their land rights, as defined by international standards. The Commission should also continue supporting key ongoing programmes, projects and initiatives to halt deforestation and forest degradation, such as Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreements (VPAs), or the United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (UN-REDD), as well as specific country and regional initiatives foreseen within its development policy.