22 Amendments of Maria GRAPINI related to 2021/0366(COD)
Amendment 38 #
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest and conversion of natural ecosystems, forest and ecosystems degradation, and to promote deforestation- free supply chains as well as to ensure the protection of human rights recognised under international law, in particular under treaties and other instruments ratified or endorsed by the country of production, and especially the rights of Indigenous Peoples and local communities.
Amendment 41 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation, and to ensure that commodities and products from supply chains related to deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they should always be accompanied by a due diligence statement and comply with international standards in the field of human rights, and particularly the rights of Indigenous Peoples and local communities, to prevent any violation of those. To confirm that this is the case, they should always be accompanied by a due diligence statement, in order to prevent access to the EU market for products with a high risk of deforestation, conversion or ecosystem degradation.
Amendment 45 #
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including where necessary to ascertain no or negligible risk of deforestation, the geo-location coordinates of relevant plots of land. These gGeo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this informatione data available for the country and the production area, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 48 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Operators have the responsibility to undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.
Amendment 58 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to optimise and unburdenease the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and additional burdenfacilitate the processes for customs authorities should be limited. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.
Amendment 59 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7 b. Operators should by any means support the compliance of their suppliers, including smallholders, with the regulation, including through investments and capacity building as well as pricing mechanisms that would enable a living income for the producers they source from.
Amendment 85 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and products on the market or before exporting them, operators shall exercisecarry out a due diligence system with regard to all relevant commodities and products supplied by each particular supplier in such a way as to ensure the requirements set out in points (a) and (b) of Article 3..
Amendment 91 #
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 at all stages of the due diligence process. They shall engage with stakeholders prior to taking any decisions that may impact them.
Amendment 93 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. the undertaking’s commitment, sourcing and risk management policies as referred to in Article 10(6).
Amendment 98 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country or region of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violation of rights of, or violence against, Indigenous Peoples, local communities or other customary tenure rights holders, as well as human rights and environmental human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 107 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has, conversion of natural ecosystems or forest and ecosystem degradation, as well as violations of the relevant law have occurred or isare occurring;
Amendment 111 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity building for suppliers, or other measures pertaining to information requirements set out in Article 9.
Amendment 116 #
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;
Amendment 122 #
Proposal for a regulation
Article 12
Article 12
Amendment 130 #
Proposal for a regulation
Article 12 e (new)
Article 12 e (new)
Article 12 e Relation with other Due diligence requirements Due diligence obligations under this Regulation shall apply independently and without prejudice to any other Union due diligence or sustainability obligations. This regulation shall not modify requirements stemming from other Union sustainability or due diligence legislation.
Amendment 136 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall be determined by the competent authority and include at least one or more of the following:
Amendment 143 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcomings in the due diligence system which may have led to the non-compliance, in view of preventing the risk of further infringements.
Amendment 146 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to take satisfactory corrective action referred to in paragraph 2 or wherewithin the specified period of time or where to remedy the non- compliance referred to in paragraph 1 persists, competent authorities shall ensure that relevant commodity or the product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 147 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay downFor having equal standards in the European Union, the Commission shall provide by implementing rules on penalties applicable to infringements of the provisions of this Regulation by operators and traders and. Member States shall take all measures necessary to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.
Amendment 151 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them;
Amendment 153 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(d b) recall of relevant commodities or products offered for sale including at retailers;