Activities of Kriton ARSENIS related to 2008/0198(COD)
Plenary speeches (1)
Obligations of operators who place timber and timber products on the market (debate)
Amendments (39)
Amendment 74 #
Council position
Recital 1 a (new)
Recital 1 a (new)
Amendment 75 #
Council position
Recital 2
Recital 2
(2) Due to the growing demand for timber and timber products worldwide in combination with the institutional and governance deficiencies that are present in the forest sector in a number of timber- producing countries illegal logging and the associated trade have become matters of ever greater concern.
Amendment 76 #
Council position
Recital 2 a (new)
Recital 2 a (new)
Amendment 79 #
Council position
Recital 3
Recital 3
(3) Illegal logging is a pervasive problem of major international concern. It poses a significant threat to forests as it contributes to the process of deforestation, which is responsible for about 20% of global CO2 emissions, threatens biodiversity, and undermines sustainable forest management and development including the commercial viability of operators acting. Effective tackling of the problem of illegal logging in the context of this Regulation is expected to contribute significantly to the EU's climate change mitigation strategies in ac cordance with applicable legislation. In addition, it also has social, political and economic impst-effective manner and should be seen as complementary to EU action and commitment in the context of the United Nations Framework Convention on Clicmationse Change.
Amendment 82 #
Council position
Recital 3 a (new)
Recital 3 a (new)
(3a) Illegal logging undermines sustainable forest management and development including the commercial viability of operators acting in accordance with applicable legislation. In addition, it has far-reaching social, political and economic implications, including links with armed conflicts around the world. Therefore it is necessary to raise the awareness of the EU Member States and their relevant national authorities as well as of the general public in relation to this important matter.
Amendment 85 #
Council position
Recital 7
Recital 7
(7) Given the major scale and urgency of the problem, it is necessary to actively support the fight against illegal logging and related trade, to complement and strengthen the VPA initiative, to create a level playing field for all operators and to improve synergies between policies aimed at the conservation of forests and the achievement of a high level of environmental protection, including combating climate change and biodiversity loss.
Amendment 87 #
Council position
Recital 8 a (new)
Recital 8 a (new)
(8a) The Commission, through the implementation of the FLEGT Action Plan, has acquired significant expertise which should be taken into account for the achievement of the objectives of this Regulation. That expertise should particularly be used for the further specification of the definition of applicable legislation drawing on the structure of VPAs.
Amendment 88 #
Council position
Recital 8 b (new)
Recital 8 b (new)
(8b) The European Union should strive to provide further incentives for entry of countries into the FLEGT VPAs taking also into consideration that those FLEGT VPAs may be of particular relevance to global efforts to tackle climate change through the reduction of deforestation in the context of international negotiations.
Amendment 91 #
Council position
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 internal market for the first time, rather than all operators involved in the distribution chain, should be subject to the full due diligence requirements laid down in this Regulation. All operators in the supply chain should, however, be bound by the overriding prohibition against making illegally harvested timber or timber products available on the market, and should exercise due care to this effect. In order to facilitate compliance with that overriding prohibition, operators who place timber or timber products on the market should make use of due diligence systems established by them or by a monitoring organisation.
Amendment 94 #
Council position
Recital 16
Recital 16
Amendment 95 #
Council position
Recital 18 a (new)
Recital 18 a (new)
(18a) Effective implementation of this Regulation requires significant cooperation between national authorities as well as between different bodies within national administrations, including, inter alia, agencies responsible for forestry, the enforcement of environmental regulations and customs.
Amendment 97 #
Council position
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to facilitate the ability of operators who place or make available timber or timber products on the market to comply with the requirements of this Regulation, taking into account the situation of small and medium-sized enterprises, Member States should provide operators with technical and other assistance and facilitate the exchange of information, especially with regard to the implementation of those operators’ obligation to exercise due diligence.
Amendment 99 #
Council position
Recital 23
Recital 23
(23) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) concerning the procedures for the recognition and withdrawal of recognition of monitoring organisations, concerning general principles and criteria for further specification of the definition of applicable legislation and concerning further relevant risk assessment criteria that may be necessary to supplement those already provided for in this Regulation and concerning the list of timber and timber products to which this Regulation applies. It is of particular importance that the Commission consult experts in the preparatory phase in accordance with the commitment of the Commission undertaken in the Communication of 9 December 2009 on the implementation of Article 290 of the TFEU.
Amendment 100 #
Council position
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to ensure a smoothly operating internal market in forest products, the Commission should analyse the impact of this Regulation on an ongoing basis. Particular account should be taken of the implications of the Regulation for SMEs. The Commission should, therefore, accordingly and on a regular basis, carry out a study and impact analysis of the effects of this Regulation with particular reference to SMEs as well as sustainable forestry practices.
Amendment 106 #
Council position
Article 2 – point f b (new)
Article 2 – point f b (new)
(fb) "due diligence" means the obligation to employ all necessary means to ascertain that illegally harvested timber and timber products are not placed or made available on the market;
Amendment 107 #
Council position
Article 2 – point g
Article 2 – point g
(g) "applicable legislation" means the legislation in force in the country of harvest, including sub-national and national laws, regulations, established jurisprudence and ratified international agreements, covering the following matters: -(i) rights to harvest timber within gazetted boundaries; - payments for harvest rights and timber including duties related toaccess, use, and tenure, including indigenous peoples' legal or protected or recognised customary rights; (ii) environmental protection, including conservation and forest management; (iii) timber harvesting; -(iv) timber harvprocestsing, including directly related environmental and forest legislation; - third parties' legal rights concerning use and tenure that is affected by timber harvesting; and - trade and cus; (v) taxes, fees, and royalties, in so far as the forest sector is concerned; (vi) community welfare and labour protection, including health and safety; (vii) trade and customs legislation, in so far as the forest sector is concerned; In order to specify further this definition, the Commission shall, by means of delegated acts, establish general principles and criteria and, to the extent possible, compile and publish indicatomrs legislation, in so far as the forest sector is concernedfor each timber-producing country. For the delegated acts referred to in this point, the procedure laid down in Articles 13, 14 and 15 shall apply.
Amendment 109 #
Council position
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) 'monitoring organisation' means a legal entity or a membership-based association or a federation that has the legal capacity to monitor and ensure the application of due diligence systems by the operators certified as making use of such systems.
Amendment 114 #
Council position
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. The placing or the making available on the market of illegally harvested timber or timber products shall be prohibited. Operators shall exercise due diligence in ensuring that they do not place or make available illegally harvested timber or timber products on the market.
Amendment 115 #
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence to minimise the risk of placing illegally harvestedwho place timber orand timber products derived from such timber on the market. To that end, they shall useon the market shall ensure compliance with the obligation set out in paragraph -1 by using a framework of procedures and measures, hereinafter referred to as a "due diligence system", as set out in Article 5. This due diligence system shall be established either by the operator or by a monitoring organisation as referred to in Article 7.
Amendment 116 #
Council position
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Each operator shall maintain and regularly evaluate the due diligence system which it uses, except where the operator makes use of a due diligence system established by a monitoring organisation referred to in Article 7. Existing national legislative supervision and any voluntary chain of custody mechanism which fulfil the requirements under this Regulation may be used as a basis for the due diligence system.
Amendment 118 #
Council position
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
If the operator knows, suspects or has reasonable grounds to suspect that illegally harvested timber or timber products are being placed or made available on the market, he shall inform the competent authorities.
Amendment 119 #
Council position
Article 5 – paragraph 1 - point b
Article 5 – paragraph 1 - point b
(b) risk assessment procedures enabling the operator to analyse and evaluate the risk of illegally harvested timber or timber products derived from such timber being placed on the market. Such procedures shall take into account the information set out in point (a) as well as relevant risk assessment criteria, including: - assurance of compliance with applicable legislation, which may include certification or other third-party-verified schemes which cover compliance with applicable legislation; - prevalence of illegal harvesting of specific tree speciesthe level of stakeholder consultation; - prevalence of illegal harvesting or practices in the country of harvest and/or sub-national region where the timber was harvested, including consideration of the prevalence of armed conflict, of documented failures of forest governance and of high levels of corruption; - existing bans by the UN Security Council or the Council of the European Union on timber imports and exports; - complexity of the supply chain of timber products;
Amendment 123 #
Council position
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
3. In order to take into account market developments and the experience gained in the implementation of this Regulation, in particular as identified through the exchange of information referred to in Article 11a 1and the reporting referred to in Article 18(3), the Commission may adopt delegated acts in accordance with Article 290 of the TFEU as regards further relevant risk assessment criteria that may be necessary to supplement those referred to in the second paragraph of point (b) of paragraph 1 of this Article. When adopting such delegated acts, the Commission shall act in accordance with the relevant provisions of this Regulation. ______________ 1 Article 11a (new) 1. Competent authorities assisted by the Commission shall provide technical assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises , in order to facilitate compliance with the requirements of this Regulation, in particular in relation to the implementation of a due diligence system in accordance with Article 5. 2. Competent authorities assisted by the Commission shall facilitate the exchange of information on best practices regarding the implementation of this Regulation and make available upon request such information to operators, in particular to small and medium-sized enterprises. 3. Competent authorities and the Commission shall administer and disseminate information on illegal logging and related trade with a view to assisting operators in systematic risk assessment as set out in Article 5 par. 1(b) 4. In the dissemination of such information, Member States shall ensure respect for professional secrecy and shall guarantee the confidentiality of any personal data which they hold or become aware of, in accordance with Directive 95/46. 5. Assistance shall be provided in a manner which avoids compromising the responsibilities of competent authorities and preserves their independence in enforcing the Regulation.
Amendment 128 #
Council position
Article 6 – paragraph 1 - subparagraph 2 a (new)
Article 6 – paragraph 1 - subparagraph 2 a (new)
These authorities shall be given sufficient powers to enforce this Regulation by monitoring its application, investigating alleged infringements in cooperation with the customs authorities, and reporting offences to the prosecuting authority in a timely manner.
Amendment 130 #
Council position
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) verify the properhave in place a monitoring mechanism to ensure the use of itsthe due diligence systems by suchthe operators which it has certified as making use of its due diligence system;
Amendment 131 #
Council position
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) take appropriate action in the event of failure by an operator to properly use its due diligence system, including notification of competent authdisciplinary measures against any certified operator who fails to comply with its due diligence system; disciplinary measures shall include reporities in the event of serious or repeated failure by the operatorng the matter to the relevant national competent authority.
Amendment 134 #
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The competent authorities shall carry out checks, at regular intervals or on the basis of substantiated concerns from third parties, to verify that the monitoring organisations operating within the competent authorities' jurisdiction continue to fulfil the functions laid down in paragraph 1 and comply with the requirements laid down in paragraph 2. The reports of the checks shall be made available to the public.
Amendment 148 #
Council position
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Competent authorities shall cooperate with each other, with other bodies in national administrations, with the administrative authorities of third countries and with the Commission in order to ensure compliance with this Regulation.
Amendment 150 #
Council position
Article 11 a (new)
Article 11 a (new)
Amendment 151 #
Council position
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to take into account the experience gained in implementation of this Regulation, in particular as identified through the reporting referred to in Article 18(3) and exchange of information as referred to in Article 11a1, and developments with regard to technical characteristics, end-users and production processes of timber and timber products, the Commission may adopt delegated acts in accordance with Article 290 of the TFEU by amending and supplementing the list of timber and timber products set out in the Annex. Such acts shall not create a disproportionate burden on operators. When adopting such delegated acts, the Commission shall act in accordance with the relevant provisions of this Regulation. _________________ 1 Article 11a (new) 1. Competent authorities assisted by the Commission shall provide technical assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises , in order to facilitate compliance with the requirements of this Regulation, in particular in relation to the implementation of a due diligence system in accordance with Article 5. 2. Competent authorities assisted by the Commission shall facilitate the exchange of information on best practices regarding the implementation of this Regulation and make available upon request such information to operators, in particular to small and medium-sized enterprises. 3. Competent authorities and the Commission shall administer and disseminate information on illegal logging and related trade with a view to assisting operators in systematic risk assessment as set out in Article 5 par. 1(b) 4. In the dissemination of such information, Member States shall ensure respect for commercial interests and shall guarantee the confidentiality of any data which they hold or become aware of, in accordance with national and community legislation. 5. Assistance shall be provided in a manner which avoids compromising the responsibilities of competent authorities and preserves their independence in enforcing the Regulation.
Amendment 152 #
Council position
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The powers to adopt the delegated acts referred to in Articles 2(g), 5(3), 7(7) and 12 shall be conferred on the Commission for a period of seven years following the entry into force of this Regulation. The Commission shall make a report in respect of the delegated powers at the latest three months before the end of a three-year period after the date of application of this Regulation. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 14.
Amendment 153 #
Council position
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The delegation of power referred to in Articles 2(g), 5(3), 7(7) and 12 may be revoked by the European Parliament or by the Council.
Amendment 160 #
Council position
Annex - indent 2 a (new)
Annex - indent 2 a (new)
- 4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking sticks, umbrellas, tool handles or similar; chipwood and similar;
Amendment 162 #
Council position
Annex – indent 2 b (new)
Annex – indent 2 b (new)
- 4405 00 00 Wood wool; wood flour;
Amendment 164 #
Council position
Annex – indent 13 a (new)
Annex – indent 13 a (new)
- 4417 00 00 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood;
Amendment 166 #
Council position
Annex – indent 14 a (new)
Annex – indent 14 a (new)
- 4419 00 Tableware and kitchenware, of wood;
Amendment 168 #
Council position
Annex – indent 14 b (new)
Annex – indent 14 b (new)
- 4420 Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within Chapter 94;
Amendment 170 #
Council position
Annex – indent 14 c (new)
Annex – indent 14 c (new)
- 4421 Other articles of wood (Clothes hangers and others);
Amendment 173 #
Council position
Annex – indent 16
Annex – indent 16
- 9401 61 00, 9401 69 00, 9401 90 30, 9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30 Wooden furniture;