Activities of Maria NOICHL related to 2021/0366(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010
Amendments (102)
Amendment 4 #
Proposal for a regulation
Recital 2
Recital 2
(2) Deforestation and, forest degradation and the destruction of ecosystems1a are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest – about 10% of the world’s remaining forests and an area larger than the European Union – have been lost worldwide between 1990 and 202019 . Deforestation and, forest degradation and the destruction of ecosystems are, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest. _________________ 1a The addition of "and the destruction of ecosystems" should always be added after "deforestation and forest degradation" 19 FAO, Global Forest Resource Assessment 2020, p. XII, https://www.fao.org/documents/card/en/c/c a9825en.
Amendment 17 #
Proposal for a regulation
Recital 2
Recital 2
(2) Deforestation and, forest degradation and the destruction of ecosystems1a are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest – about 10% of the world’s remaining forests and an area larger than the European Union – have been lost worldwide between 1990 and 202019 . Deforestation and, forest degradation and the destruction of ecosystems are, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest. _________________ 1a The addition of "and the destruction of ecosystems" should always be added after "deforestation and forest degradation" 19 FAO, Global Forest Resource Assessment 2020, p. XII, https://www.fao.org/documents/card/en/c/c a9825en.
Amendment 29 #
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030. Further relevant commodities included in the scope are poultry and products derived from poultry, products derived from cattle including leather, swine, sheep and goats and products derived from swine, sheep and goats, rubber and maize. All these commodities, as well as all goods that contain, have been fed with or have been made using these, or products deriving from them, should be within the scope of this Regulation from the beginning. The Commission should be empowered to add additional commodities and products to Annex I by delegated acts.
Amendment 34 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament highlighted that ongoing destruction and degradation of the world’s forests isand natural ecosystems, as well as human rights violations, are linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution32 in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an “EU legal framework to halt and reverse EU-driven global deforestation” based on mandatory due diligence. _________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0285_EN.html.
Amendment 37 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) An important aspect is the protection of environmental human rights defenders as they suffer ill-treatment and even killings while trying to protect forest and natural ecosystems and the human rights of especially indigenous peoples and to set up national regulatory frameworks and mechanisms for their protection;
Amendment 45 #
Proposal for a regulation
Recital 15
Recital 15
(15) Halting deforestation and forest degradation is an essential part of the SDGs. 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 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.
Amendment 50 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals by including binding and enforceable Trade and Sustainable Development (TSD) chapters. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world. The strategic importance of robust, coherent and enforceable sustainability chapters in trade agreements, along with an effective implementation of multilateral environmental and climate agreements need to be acknowledged. This is why the Commission has to carefully assess the impacts of trade agreements on deforestation in the Sustainability Impact Assessments (SIAs) and other relevant assessments, based on solid data and evaluation methodologies; _________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 54 #
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, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenureand strengthening the role and rights of indigenous people and local communities, improving governance and land tenure, including the right to free, prior and informed consent, 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. 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.
Amendment 58 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Given that the share of smallholders in the production of the commodities concerned can be very high, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. It is crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements. To support sustainable practices, such as agro- ecology and community forest management, the EU should tackle direct and indirect drivers of deforestation, including poverty, by promoting a living income for smallholders producing goods exported to the EU and securing sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market. At the same time, the setting up of a credible traceability system can empower smallholder farmers as it can avoid the non-payment of promised sustainability premiums, allow for electronic payments to producers by using the national traceability system thus combatting fraud and enable local authorities to collect knowledge on the number of producer plots and control the number of farmers.
Amendment 60 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) This Regulation takes into account the UN Guiding Principles on Business and Human Rights (UNGP), according to which all companies, regardless of their size, have a responsibility to respect human rights, while the policies and procedures for meeting these obligations must be commensurate with their size. In line with these and the OECD Guidelines for Multinational Enterprises, this Regulation should recognise that in carrying out their due diligence, companies must pay particular attention to the actual and potential negative impacts of their activities on marginalised or vulnerable groups. Businesses should also have to take into account the different risks that women and men may face.
Amendment 63 #
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Commission should also examine how land rights can be integrated into monitoring under the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations and third countries.
Amendment 68 #
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 degradation, the destruction of ecosystems and to promote deforestation- free supply chains.
Amendment 71 #
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 geo-location coordinates of relevant plots of land. These geo-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 information, 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. 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 72 #
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 threefour elements: information requirements, risk assessment and, risk mitigation measures and reporting obligations. 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 geo-location coordinates of relevant plots of land. These geo-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 information, 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 74 #
(37) In order to foster transparency and facilitate enforcement, operators which are not SMEmicro enterprises should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.
Amendment 77 #
Proposal for a regulation
Recital 42
Recital 42
(42) For the relevant commodities or products entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned.
Amendment 80 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market variescan vary 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 thereof. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 85 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, natural ecosystem conversion, forest and natural ecosystem degradation and destruction and the protection of the rights of indigenous peoples and local communities. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a lowstandard or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 86 #
Proposal for a regulation
Recital 51
Recital 51
(51) The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance shcould be considered to be subject to a reduced frequency of checks. Operators should support the compliance of their suppliers that are smallholders with this regulation, including through investments and capacity-building, as well as pricing mechanisms that enable a living income for the producers they source from.
Amendment 88 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non- compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties. and that operators failing to comply with the duties of this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided.
Amendment 89 #
Proposal for a regulation
Recital 54
Recital 54
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests,As protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs, steppes, mangroves and peatlands which are highly significant to global efforts to combat climate change, as well as other sustainable development goals and, their conversion or degradation also require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated acthey as well are increasingly under pressure of conversion, degradation and destruction due to commodity production for the EU market. To address this, these ecosystems should also be covered by this Regulation.
Amendment 93 #
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests,As protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs, steppes, mangroves and peatlands which are highly significant to global efforts to combat climate change, as well as other sustainable development goals and, their conversion or degradation also require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of and should also be covered by this Regulation.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and wood (“relevant commodities”) and products, as listed in Annex Iertain commodities, listed in Annex I (“relevant commodities”), that contain, have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”), with a view to
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and, forest degradation and ecosystem destruction worldwide
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) preventing the violation of human rights linked to the production of relevant commodities and products
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forests to another land use, including agricultural use, whether human- induced or not. This definition also applies to the conversion of forests that were not plantation forests into plantation forests;
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘agricultural use’ means the use of land for any one or more of the following: cultivation of temporary or annual crops that have a growing cycle of one year or less; cultivation of permanent or perennial crops that have a growing cycle of more than one year, including tree crops; cultivation of permanent or temporary meadows or pastures; and temporarily fallow land.
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing. It specifically includes all short rotation plantations for wood, fibre and energy, and. It specifically excludes all forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests;
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means charvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other pronges within a forest that negatively affect its species composition, structure, or function and reduce the forest’s capacity to support biodiversity or deliver ecosystem services, whether human inductsed or servicesnot;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation after December 31, 20207, and
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the wood has been harvested from the forest without inducing forest degradation after December 31, 20207;
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) Meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders, indigenous peoples and local communities as well as women, by consulting them directly in a manner that takes into account potential barriers to effective engagement. Operators should engage with stakeholders prior to taking any decisions that may impact them. This involves the timely provision of all information needed by the potentially impacted stakeholders to be able to make an informed decision as to how the decision could affect their interests. It also means there is follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; , land use rights, environmental protection, third parties’ rights, labour rights, as well as relevant, tax, trade, customs, payment and contract regulations under the legal framework applicable in the country of production; human rights protected under international law, in particular under any treaties and other instruments ratified or endorsed by the country of production. These include instruments protecting: The Universal Declaration of Human Rights, customary tenure rights and the right to free, prior and informed consent (FPIC), as set out among others by the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, FAO Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, United Nations Declaration on the Rights of Peasants, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, United Nations Convention against Transnational Organised Crime and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, labour rights as enshrined in ILO fundamental conventions, such as the Freedom of Association and Protection of the Right to Organise Convention (No. 87), the Right to Organise and Collective Bargaining Convention (No.98), the Forced Labour Convention (NO. 2)) and its 2014 Protocol, Abolition of Forced Labour Convention (No. 105), Minimum Age Convention (No. 138), Worst Forms of Child Labour Convention (No. 182), Equal Remuneration Convention (No. 100), Discrimination(Employment and Occupation) Convention (No 111), Protection of the Rights of Indigenous Peoples Convention (No. 169), women’s rights as enshrined in the UN Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the ILO Harassment and Violence Convention and other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment. Where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with.
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security. It is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms;
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28b) ‘human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms. Human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights. Human rights defenders also promote and protect the rights of members of groups such as indigenous communities;
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28c) ‘environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna.
Amendment 131 #
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 as defined in Article 2 paragraph 1 point 28; and
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) they have been produced in accordance with international law and standards on the rights of indigenous peoples and local communities, including customary tenure rights and the right to Free, Prior and Informed Consent;
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators shall engage with stakeholders prior to taking any decisions that may impact them. This involves the timely provision of all information needed by potentially impacted stakeholders to be able to make an informed decision as to how the decision could affect their interests. It also means there is follow- through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 137 #
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) reporting obligations as referred to in Article 11.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. 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 140 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; for relevant products, the description shall include mention of the relevant commodities, or products derived from them, that are contained as components or ingredients, used as feed or used in the production process;
Amendment 142 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of productionas defined in art. 28 para. 1 point 28, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity and that the arrangement was made based on free, prior and informed consent (FPIC);
Amendment 143 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation;
Amendment 146 #
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(hb) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products;
Amendment 150 #
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 measures that operators should undertake to support smallholders to provide relevant information and the safeguards to ensure smallholders retain ownership and control over proprietary data.
Amendment 152 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests and other endangered ecosystems like savannahs, steppes, peatlands, wetlands or mangroves in the country and area of production of the relevant commodity or product;
Amendment 157 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest degradation or degration of ecosystems listed in point b in the country, region and area of production of the relevant commodity or product;
Amendment 158 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, absence or lack of enforcement or 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, weak governance, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 162 #
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
Article 10 – paragraph 2 – point e a (new)
(ea) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not;
Amendment 163 #
Proposal for a regulation
Article 10 – paragraph 2 – point e b (new)
Article 10 – paragraph 2 – point e b (new)
(eb) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products;
Amendment 164 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) the prevalence of business practices, such as purchasing and pricing practices, that undermine the capacity of farmers to produce relevant commodities and products in a manner consistent with the requirements of this Regulation;
Amendment 165 #
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 hasand ecosystem degradation, as well as violations of the relevant laws or human rights violations have occurred or isare occurring;
Amendment 166 #
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 and financial investments for smallholders or other measures pertaining to information requirements set out in Article 9.
Amendment 168 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a), (b) and (bc). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence when operators become aware of them. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 171 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8, 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building. Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 172 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 176 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 177 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 186 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan, which shall be made public, shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of complianceprevious failures of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks andto ensure compliance with this Regulation, the quantity of relevant commodities and products being placed or made available on the market by the operator or trader, the experience on implementation of the plans, theod of time since the risk assessment for the relevant commodities or products was completent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulationd, the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.
Amendment 187 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 510% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 188 #
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct, without undue delay, checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 189 #
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.
Amendment 191 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 192 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks and the risk criteria on which they are based, the number and the results of the controlhecks carried out on operators and traders, including the contents of these checkresults of these checks, the number and the result of the controls carried out on relevant commodities and products including the results of these controls, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered. operators and traders against whom such measures were taken as well as the trading name of the non-compliant products, the costs of enforcement activities recovered in each instance, and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in line with Article 23 which are final within the proceeding four years, including the trading name of the relevant non-compliant products.
Amendment 193 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission services shall make publicly available, on an annual basis, a Union-wide overview of the application of this Regulation based on the data submitted by the Member States under paragraph 1. Based on this overview, the Commission shall issue recommendations to competent authorities to ensure the uniform application of this Regulation.
Amendment 194 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall notify the Commission without undue delay about any administrative or criminal sanction or penalty, including in the form of a formal warning, imposed on operators or traders for infringing their obligations under this Regulation.
Amendment 195 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. The Commission shall publish in the Official Journal of the European Union a list of operators and traders identified in accordance with paragraph 2a that have failed to fulfil their obligations under this Regulation and the trading name of the relevant non- compliant products. The operator or trader concerned shall be informed of its inclusion. The list shall be made publicly available on the website of the Commission and regularly updated.
Amendment 196 #
Proposal for a regulation
Article 19 – paragraph 2 c (new)
Article 19 – paragraph 2 c (new)
2c. The Commission shall remove an operator or trader from the list of contravening operators and traders after one year at the earliest if the Member State has notified the Commission that the operator or trader has taken sufficient remedial action, including full payment of penalties and improvements to its due diligence system and if no further reports of sanctions or administrative or criminal proceedings concerning alleged contravening activity have been reported by the respective Member State authority. The Commission shall publish in its annual report a short justification for each operator or trader that has been removed from the list.
Amendment 197 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1530% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1530% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this article regularly include all of the elements listed in Article 15.
Amendment 198 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, following the checks referred to in Article 15 and 16, possible serious shortcomings have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities mayshould take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
Amendment 199 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in line with Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end within a specified and reasonable period of time.
Amendment 200 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or donating it to charitable or public interest purposes. if possible;
Amendment 201 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) addressing any shortcoming in the due diligence system which may have led to the non compliance, in view of preventing the risk of further infringements.
Amendment 202 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to takcomplete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1, or where the non- compliance referred to in paragraph 1 persists after that period of time ends, competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 203 #
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage or the human rights violations and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the Member State or Member States concerned;
Amendment 204 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) 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; recall of relevant commodities or products offered for sale including at retailers; and even criminal sanctions, in accordance with the Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC.
Amendment 206 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Operators failing to comply with the duties of this Regulation shall also be liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. The action to establish liability shall be filed before the relevant jurisdiction by any natural or legal person with a legitimate interest to do so.
Amendment 208 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourtwo years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 209 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable:
Amendment 211 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 213 #
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 and civil society organisations and be based on the following assessment criteria:
Amendment 216 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest degradation and destruction of ecosystems,
Amendment 218 #
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or forest degradation or ecosystem destruction and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;
Amendment 220 #
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 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 leading to deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied., ecosystem degradation or forest and ecosystem degradation or non-compliance with the rules applicable in the country of production described in Article 2 paragraph 1 point 28 are applied;
Amendment 223 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) whether the national and sub- national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, women, and the private sector, including micro enterprises, SMEs and smallholders, to tackle deforestation, forest degradation, natural ecosystem conversion and degradation, land rights violations and illegal production;
Amendment 226 #
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(fb) whether the country concerned makes relevant data available transparently;
Amendment 227 #
Proposal for a regulation
Article 27 – paragraph 2 – point f c (new)
Article 27 – paragraph 2 – point f c (new)
(fc) if applicable, the existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders.
Amendment 229 #
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 indigenous peoples and local communities as well as 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 231 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 234 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms withe root causes of deforestation, ecosystem conversion and forest and ecosystem degradation or destruction. Such partnerships and cooperation mechanisms shall be supported with adequate resources and shall focus on the conservation, restoration and sustainable use of forests, on ending deforestation, forest degradaecosystem conversion, forest and ecosystem degradation, on human rights protection and the transition to sustainable commodity production, consumption processing and trade methods, good governance, as well as on 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. 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. They should be based on time bound milestones agreed with local stakeholders. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 245 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow and monitor the full participation of all stakeholders, especially women, including civil society, indigenous people, local communities and the private sector including, SMEs and smallholders. Partnerships and cooperation should support or initiate inclusive and participatory dialogue toward national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation, natural ecosystem conversion and forest and ecosystem degradation or destruction.
Amendment 252 #
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, fiscal incentives and other pertinent tools to improve 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 competitiveness, transparent supply chains and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, an the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities including smallholders, women, indigenous peoples and local communities, andstrengthen national systems of governance and law enforcement, 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.
Amendment 256 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems and other natural ecosystems and related human rights.
Amendment 261 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 266 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders in accordance with their respective obligations under this Regulation. Producers, including smallholders, should be granted access to all information which concern them.
Amendment 268 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibilityadditional measures to strengthen the protection of forests, natural ecosystems and human rights and ofn extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiefinancial institutions operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the EU market of relevant commodities and products.
Amendment 272 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Commission shall permanently monitor the impacts of this regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by the interested stakeholders, such as third countries, intergovernmental, non- governmental, civil society and smallholder organisations, as well as indigenous peoples and local communities, including through multi- stakeholder dialogues. No later than three years from the date of application referred to in Article 36(2), the Commission shall propose measures, taking into account the outcomes of the monitoring process aiming at supporting these stakeholders, in particular to: a) Ensure that their production methods and scale are able to comply with the sustainability criteria set out in the regulation, and that their commodities and products are traceable and their origin transparent; b) Promote, when necessary, their transition towards, and the 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; c) Facilitate and support their inclusion in supply chains leading to the EU internal market by creating conditions and incentives that enable them to comply with the EU regulatory requirements; d) Provide support and incentives for them to conserve their forests and natural ecosystems on their lands that are used for commodity production; e) Ensure that the rights of indigenous peoples and other local communities with tenure rights are adequately protected.
Amendment 274 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 275 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following a review as set out in paragraph 3, the Commission may adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made usingadditional relevant commodities.
Amendment 276 #
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Goods as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, referred to as "relevant commodities" in Article 1 of this Regulation68 Bovine, cocoa, coffee, maize, natural rubber, palm oil, poultry, soy, sheep and goats, swine, wood. In accordance with Article 1, the Regulation shall apply to all goods that contain, have been fed with or have been made using “relevant commodities” or products deriving from them, and are therein referred to as “relevant products”. An indicative list of these products is provided in the table included in this Annex. _________________ 68 The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 277 #
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
Indicative list of “relevant products”, as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87: