Activities of Joëlle MÉLIN related to 2020/2006(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation
Amendments (46)
Amendment 6 #
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the FAO’s Global Forest Resources Assessment 2015 – FRA 2015 Desk Reference,
Amendment 7 #
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
- having regard to the FAO’s publication The State of the World’s Forests 2018 – Forest Pathways to Sustainable Development, FAO (2018),
Amendment 12 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the free-trade business model pursued by the Commission, which results in the import into the Union of large quantities of agricultural products derived from deforestation, such as protein plants and meat, is directly responsible for a certain amount of deforestation at global level; calls for this model to be abandoned;
Amendment 22 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that voluntary measures alone will not stop deforestation; unilateral commitments alone will not stop deforestation and that compliance with Union rules, together with safeguard clauses in the event of non-compliance, is therefore a necessary precondition for all the Union's trade negotiations;
Amendment 27 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas agriculture is developing to the detriment of forests in countries of South America (such as Argentina and Brazil), South-East Asia (Indonesia, Malaysia and Thailand) and West and Central Africa;
Amendment 34 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas one of the major challenges of our time involves finding ways to increase agricultural production, in response to the global demographic challenge, and to improve food security without reducing forest cover;
Amendment 46 #
Motion for a resolution
Recital B
Recital B
B. Whereas Union consumption contributes to 10 % of global deforestation; whereas goods and services consumed within the Union that are associated with deforestation (between 1990 and 2008) largely originated from South America and South-East Asia; whereas palm oil is the main source of deforestation linked to the Union’s imports in the case of South- East Asia, while beef and soy are the main sources in the case of South America;
Amendment 59 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas consumption flows linked to deforestation could increase against the background of the trade agreements proposed between the EU and Mercosur, and the EU and Peru;
Amendment 68 #
5. Calls for binding and enforceable environmental and social provisions to be included in free trade agreements (FTAs) so as to protect forests, natural ecosystems and human rights, particularly community tenure rights; calls for the reopening of FTAs which do not contain such provisions, for example the EU-Mercosur, Vietnam, Mexico and Canada FTAs;
Amendment 73 #
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, which is a direct result of the rising demand for agricultural products linked to the global population explosion; 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, ecosystem destruction and human rights violations across the globe, but that in its communication the Commission fails to mention the fundamental challenge posed by the increasing global population and its environmental consequences;
Amendment 82 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the Union to cut dependency on imports of forest and ecosystem-risk commodities by implementing the Union protein plan, and for Union livestock production to match available Union land resources;
Amendment 88 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the statements of the European Commission’s former Vice- President for Jobs, Growth, Investment and Competitiveness, Jyrki Katainen, who stressed that the increase in trade with the Union should be achieved on a more sustainable basis and that the Union was not prepared to make any compromises in the area of deforestation1 a; recalls, however, that he also defended the trade agreement with Mercosur, in spite of the Union’s environmental responsibility towards third countries; _________________ 1a Speech by Vice-President Katainen on behalf of President Juncker at the Plenary Session of the European Parliament on the Finnish Presidency of the Council of Ministers – 17 July 2019 – Strasbourg.
Amendment 102 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes business’ growing awareness of the problem of global deforestation, 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; stresses in this connection that, to cover the whole of their supply chain, companies could switch their sources of supply to the EU, which would give fresh impetus to the timber sector and dramatically reduce the EU’s carbon footprint linked to the timber trade;
Amendment 108 #
Draft opinion
Paragraph 8
Paragraph 8
8. Notes the unsustainablat the level of consumption in the EU will be sustainable in the long term only if strategic production is localised, and that, for example, the Renewable Energy Directive (RED II) contains insufficient sustainability criteria, which both causes and intensifies land-use change;
Amendment 138 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises 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 be complementary to, but cannot replace, thorough due diligencecontrol processes ofwithin companies;
Amendment 142 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the proliferation of certifications and labels makes the information unreadable for the vast majority of consumers; stresses that an obligation to provide information and the harmonisation of this obligation should therefore be considered;
Amendment 147 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes, in this regard, the calls from a large number of companies to introduce Union rules for mandatory due diligence in forest risk commodities supply chainsNotes that certain companies are calling for the Union to introduce the Anglo-Saxon concept of due diligence, which means that the party concerned must take steps itself to guard against any negative aspect of a transaction that could be avoided, and that if this concept is a kind of fundamental duty to take precautions, it has never stopped environmental disasters in the countries in which it is implemented;
Amendment 151 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls its resolution of 15 January 2020 on the European Green Deal, and its demand to the Commission to present, without delay, a proposal for a European legal framework based on due diligence to ensure sustainable and deforestation-free supply chains for products placed on the Union market, with a particular focus on tackling the main drivers of imported deforestation and instead encouraging local production and imports that do not create deforestation abroad;
Amendment 160 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation but asks for a more consistent and ambitious policy approach; consequently calls on the Commission to present a proposal for an EU legal framework bathe purposed 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, 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 providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived productf reviewing free-trade agreements in the light of European requirements in the area of deforestation, in particular to guarantee ‘zero-deforestation’ supplies to European companies that source products from third countries;
Amendment 189 #
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 for 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 199 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that such an EU legal framework should not onlyreciprocity, the EU’s environmental responsibility and bilateral relations with third countries should guarantee the legality of harvesting, production, extraction and processing of forest and ecosystem-risk commodities and derived products in the country of origin, but also, in particular, the sustainability of their harvesting, production, extraction and processing;
Amendment 228 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that such an EU legal framework should also be extended to high-carbon stock and biodiversity-rich ecosystems other than forestscover ecosystems other than forests that are rich in biodiversity or have a high carbon- absorption capacity – such as bogs – so as to avoid pressure being shifted to these landscapeecosystems;
Amendment 232 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that these obligations should apply to all companies placing forest and ecosystem-risk commodities (FERC) on the Union market, irrespective of their size or place of registration; believes that in a fragmented end-market, the inclusion of smaller and larger companies is key to ensure both large-scale impact and consumer trust; emphasises that the regulatory framework must not give rise to undue burdens on small and medium-sized producers or prevent their access to markets and international trade; recognises, therefore, that due diligence, reporting and disclosure requirements must be proportionate to the level of risks associated with the given commodities;
Amendment 246 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is convinced that the EU Timber Regulation, especially its due diligencrequirements in the arequirementsa of producer’s and/or manufacturer’s liability, represents a good model to build upon for a future EU legal framework to halt and reverse EU-driven global deforestation, but; stresses that athe lack of implementation and enforcement of the EU Timber Regulation means that it does not live up to its spirit and intentcompanies only apply the due diligence measures to a limited extent in practice; is of the opinion, therefore, that lessons can be learnt from the EU Timber Regulation for improved implementation and enforcement rules for a future EU legal framework to halt and reverse EU-driven global deforestation;
Amendment 254 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that such a legal framework needs to, and can be, designed in a way so as to be in line with World Trade Organization requirementscommendations; points out in this connection that free-trade agreements are not a WTO obligation and that environmental and social standards and respect for human rights should prevail against the background of ordo liberalism and the doctrine of free trade;
Amendment 273 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. stresses that an economic model based entirely on free trade is not ecologically sustainable; points out the ecological importance of limiting imports of products that can be produced, or for which substitutes can be produced, within the Union with a small carbon footprint and on the basis of effective standards, the application of which can be monitored; points out that it is desirable to encourage the production of endemic oil seeds and protein crops within the Union, rather than importing them and actually contributing to deforestation; stresses that the EU is capable of ensuring its self- sufficiency in meat and that imports of meat from outside Europe should be strictly limited, which will curb the expansion of mono-cropping for livestock feed and the encroachment of pasture land onto forest zones;
Amendment 288 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – introductory part
Annex I – point 1 – paragraph 2 – introductory part
It should provideallow action, transparency and certaingreater security with regard to:
Amendment 291 #
Motion for a resolution
Annex I – point 1 – paragraph 2 – point a a (new)
Annex I – point 1 – paragraph 2 – point a a (new)
aa. the systematic review of free-trade agreements that do not respect the EU’s conditions and concerns with regard to deforestation,
Amendment 309 #
Motion for a resolution
Annex I – point 1 – paragraph 3
Annex I – point 1 – paragraph 3
It should establish an obligation to fulfilguarantee the fulfilment of international environmental and human rights commitments taken by the Union and its Member States, such as the Paris Agreement, the Sustainable Development Goals, and human rights obligations.
Amendment 321 #
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 they are able to demonstrate, publicly and during checks, 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, 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 340 #
Motion for a resolution
Annex I – point 2 – paragraph 3
Annex I – point 2 – paragraph 3
Economic operators should take appropriate measures and contribute to the financing of checks to ensure that these standards are respected throughout their entire value chain.
Amendment 351 #
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, coconut and its derivatives, paper and pulp, and biofuels 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. _________________ 2 Regulation (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 394 #
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 2008 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. It should also be ensured that the land used has not recently undergone a change of use that has resulted in other crops being transferred to land that had the status of forest or natural ecosystem on 1 January 2008. The Global Forest Watch tool could be used for this purpose.
Amendment 407 #
Motion for a resolution
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 1
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 1
Forest means land spanning more than 0.5 hectares with trees higher than 5 metres and a canopy cover of more than 10 percent, or trees able to reach these thresholds in situ. It does not include land that is predominantly under agricultural or other lurband use. Forest includes natural forests and forests plantations.
Amendment 459 #
Motion for a resolution
Annex I – point 4 – point 4.1 – introductory part
Annex I – point 4 – point 4.1 – introductory part
4.1. Duty of due diligenceenvironmental responsibility
Amendment 463 #
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 and undergo checks (carried out by the competent authorities of EU Member States) 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, 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 467 #
In doing so, economic operators should take a risk-based approach to due diligencen approach to environmental responsibility that is based on – publicly accessible – evidence, a best-efforts obligation, transparency and cooperation with checks, where the nature and extent of due diligthe evidence corresponds to the type and level of risk ofidentified by the economic operators with potential adverse impacts on forests. Higher risk areas should be subject to enhanced due diligencemore rigorous assessment and checks.
Amendment 504 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point e – introductory part
Annex I – point 4 – point 4.1 – paragraph 3 – point e – introductory part
e. Monitoring the implementation and effectiveness of the adopted measures and continuously improve the effectiveness of their due diligencecommitments in the area of environmental responsibility
Amendment 513 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point e – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point e – paragraph 1
Economic operators should be subject to checks and should periodically check to see if their actions are actually reducing harm and if not, adjust them or develop other actions. This system should be based on checks by the competent authorities within the EU, qualitative and quantitative indicators and internal and external feedback.
Amendment 514 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point f – introductory part
Annex I – point 4 – point 4.1 – paragraph 3 – point f – introductory part
f. Integrating third-party certification schemes
Amendment 516 #
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
Amendment 540 #
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 on their due diligence measures they have put in place in relation to environmental responsibility 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 545 #
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 processeenvironmental responsibility commitments and obligations, 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 penalised.
Amendment 548 #
Motion for a resolution
Annex I – point 4 – point 4.4 – paragraph 1
Annex I – point 4 – point 4.4 – paragraph 1
Economic operators should maintain a written record of all due diligence actionactions taken within the context of their environmental responsibility commitments and their results, and make them available to the competent authorities upon request.
Amendment 554 #
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 diligenceenvironmental responsibility 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 economic operator’s due diligence processes.
Amendment 555 #
Motion for a resolution
Annex I – point 4 – point 4.5 – paragraph 2
Annex I – point 4 – point 4.5 – paragraph 2
To support economic operators in conductfulfilling their due diligence obligationenvironmental responsibility commitments, the Commission should publish regional hotspot analyses with regard to FERCs.