807 Amendments of Anne-Marie MINEUR
Amendment 12 #
2018/2656(RSP)
Citation 14 d (new)
– having regard to the ILO Tripartite declaration of principles concerning multinational enterprises and social policy, revised in 2017,
Amendment 15 #
2018/2656(RSP)
Citation 14 a (new)
– having regard to the Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters,
Amendment 16 #
2018/2656(RSP)
Citation 14 b (new)
– having regard to the Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups Text with EEA relevance,
Amendment 17 #
2018/2656(RSP)
Citation 14 c (new)
– having regard to the Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict- affected and high-risk areas,
Amendment 19 #
2018/2656(RSP)
Citation 16 a (new)
– having regard to the Council Conclusions on Business and Human Rights adopted on 20 June 2016,
Amendment 35 #
2018/2656(RSP)
Citation 27 a (new)
– having regard to the International People’s Treaty process launched by the Global Campaign, a campaign which gather several CSOs which emerged in 2012 at the Rio+20 People’s Summit,
Amendment 41 #
2018/2656(RSP)
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights; and whereas its action on the international scene (including its development and trade policies) shall be guided by these principles; whereas according to article 208 of the TFUE the principle of policy coherence for development shall be respected in all EUs external action;
Amendment 48 #
2018/2656(RSP)
Recital B
B. whereas development should go hand-in-hand with social justice and good governance, and whereas sustainable development, trade and human rights can have an impact on each other and may reinforce each other;
Amendment 64 #
2018/2656(RSP)
Recital D
D. whereas States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human and environmental rights throughout their operations, including the operations of their subsidiaries, controlled companies and entities in their supply chain worldwide;
Amendment 69 #
2018/2656(RSP)
Recital E
E. whereas the United Nation Guiding Principles (UNGPs) apply to all States and to all business enterprises, both transnational and others, regardless of their size, sector, location, ownership and structure and are grounded in recognition of the following: States’ existing obligations to respect, protect and fulfil human rights and fundamental freedoms; the role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights; and the need for rights and obligations to be matched to appropriate and effective remedies when breached;
Amendment 73 #
2018/2656(RSP)
Recital F
F. whereas the UN Global Compact and UNGPs asks corporations to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labour standards, the environment and the fight against corruption, making a commitment to those values and integrating them into their business operations on a voluntary basis; whereas repeatedly the companies that have adopted self-regulatory policies have been involved in human rights abuses;
Amendment 76 #
2018/2656(RSP)
Recital G
G. whereas corporations are one of the major players in economic globalisation, financial services and international trade and are required to comply with all applicable laws and international treaties in force, and to respect human rights; whereas these business enterprises may at times cause, or contribute to human rights violations, and whereas they may also have an important role to play in offering positive incentives in terms of promoting human rights, democracy, environmental standards and corporate social responsibilityenvironmental damages;
Amendment 83 #
2018/2656(RSP)
Recital H
Amendment 90 #
2018/2656(RSP)
Recital K b (new)
Kb. whereas in the recent years, European States as well as the EU haves started to consider and adopt legislation to enhance corporate accountability and embed elements of Human Rights Due Diligence (HRDD) into legislation, including the EU Conflict Minerals Regulation, the EU Non-Financial Reporting Directive (NFR), the Timber Regulation (EUTR), the UK Modern Slavery Act, the France duty of vigilance law, the Dutch Child Labour Due Diligence Law, the Swiss Responsible Business Initiative, or the German and Italian National Action Plans to implement the UNGPs;
Amendment 91 #
2018/2656(RSP)
Recital H a (new)
Amendment 97 #
2018/2656(RSP)
Recital I
I. whereas a global holistic approach to corporate liability for human rights violations is still lacking, and whereas victims of human rights violations involving multitransnational companies face multiple obstacles to accessing remedies, including judicial remedies and guarantees of non-repetition; whereas an holistic approach would provide legal certainty to both, business and people, in the context of the proliferation of national due diligence initiatives;
Amendment 99 #
2018/2656(RSP)
Recital I a (new)
Ia. whereas gender inequality implies that women are often particularly vulnerable to human rights violations, and face special burdens when seeking access to remedy;
Amendment 103 #
2018/2656(RSP)
Recital K
K. whereas a system of corporate liability for human rights violations is currently being negotiated in the UN within the UNHRCs open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG)established by the UN GA in 2014;
Amendment 106 #
2018/2656(RSP)
Recital K a (new)
Ka. whereas both, the EU and its Member States, play a role at the OEIGWG; whereas there is not an authorisation set by the Council to the Commission to conduct negotiations on behalf of the European Community concerning its participation in the OEIGWG;
Amendment 112 #
2018/2656(RSP)
Paragraph 2
2. Firmly believes that the private sector, isf properly regulated, could be an important partner in achieving the Sustainable Development Goals (SDGs) and in mobilising additional resources for development; stresses that, given their increasing role in development cooperation, private sector actors must align with internationally agreed development effectiveness principles (ownership, alignment, harmonisation and mutual democratic accountability) and abide by the principles of corporate accountability throughout the whole lifecycle of projects;
Amendment 123 #
2018/2656(RSP)
Paragraph 3
3. Strongly supports the full implementation of the UNGPs, and calls on the EU and Member States to elaborate and adopt an EU, respectively ambitious and operative national action plans for the swift, effective and comprehensive implementation of the said Principles; recalls that the UNGPs can be complemented with parallel binding initiatives to cover their shortcomings;
Amendment 128 #
2018/2656(RSP)
Paragraph 4
4. Considers it regrettable that a global approach to the way in which transnational corporations abide by human rights law is still lacking, which may contribute to transnational corporations’ impunity for cases of human rights violations and thus detrimental to people’s rights and dignity;
Amendment 137 #
2018/2656(RSP)
Paragraph 5
5. Reaffirms the urgent need to act in an effective and coherent manner at all levels, including national, European and international, in order to effectively address human rights violations by transnational corporations, to address legal problems resulting from the extra- territorial dimension of transnational companies, the growing complexity of global value chains and the related uncertainty as to where liability for human rights violations lies;
Amendment 145 #
2018/2656(RSP)
Paragraph 6
6. Considers it necessary to establish primacy of human rights in international law through a clear system whereby human rights obligations take precedence over other types of conflicting obligations; insists that this is essential for overcoming globalisation imbalances and to put people’s rights and the planet first;
Amendment 151 #
2018/2656(RSP)
Paragraph 7
7. Warmly welcomes in this context the work initiated in the United Nations through the Intergovernmental Working Group (IGWG)UNHRCs OEIGWG to create an internationally legally binding instrument to create a binding UN instrumentgulate, in international human rights law the activities onf transnational corporations and other business enterprises with respect to human rights and considers this to be a step forward in the promotion and protection of human rights;
Amendment 156 #
2018/2656(RSP)
Paragraph 12 a (new)
12a. Calls on the UN Member States to protect the negotiations from commercial and other vested interests, following the example of the World Health Organization (WHO) and article 5.3 of the UN Framework Convention to Tobacco Control (UNFCTC) ;including strong ethics rules to prevent conflicts of interest and unethical lobbying, and requiring full transparency over industry interactions with parties to the negotiations ;
Amendment 157 #
2018/2656(RSP)
Paragraph 12 c (new)
12c. Is of the opinion that the new instrument shall impose on States the obligation to adopt regulatory measures requiring companies to apply human rights due diligence policies and procedures, and proposes to enforce this obligation by the means of companies being accountable in either the forum where the harm was caused, or the forum where the parent company is incorporated or where it has a substantial presence;
Amendment 162 #
2018/2656(RSP)
Paragraph 8
8. Regrets any obstructive behaviour in relation to this process and to the sessions of the OEIGWG;
Amendment 166 #
2018/2656(RSP)
Paragraph 9
9. Recalls that Parliament voiced its unequivocal support to this multilateral OEIGWG process in eight different resolutionmultiple resolutions and considers a crucial step for establishing the primacy of human rights over private profit, and in order to balance international trade imbalances;
Amendment 171 #
2018/2656(RSP)
Paragraph 10
10. Stresses the importance of the EU being actively involved in this intergovernmental process through the creation of a working group including all the relevant departments of the Commission, EEAS, Cohom and European Parliament involved Committees;
Amendment 173 #
2018/2656(RSP)
Paragraph 11
11. Reiterates once more its call on the EU and Member States to engage genuinely and constructively in these negotiationsaiming to the consecution of the OEIGWG’s mandate;
Amendment 178 #
2018/2656(RSP)
Paragraph 11 a (new)
11a. Highlights the paramount importance of the EU constructively contributing to the achievement of an effective Binding Treaty to effectively address corporate liability for human rights violations and related challenges;
Amendment 182 #
2018/2656(RSP)
Paragraph 12
12. Calls on the UN Member States to ensure that the negotiations leading to the treaty are conducted in a transparent and consultative manner with a broad range of rights-holders potentially impacted by the treaty including civil society organizations and victim platforms; calls on the EU and Member States to mainstream a meaningful gender approach in their negotiating position;
Amendment 183 #
2018/2656(RSP)
Paragraph 12 b (new)
12b. Is of the opinion that States must establish legal liability of TNCs and OBEs in administrative, civil and criminal fields, including the legal liability of natural persons who are in charge in the moment in which the violation occurs; and covering due diligence obligations with respect to the activities of subsidiaries, subcontractors and other enterprises under their control acting abroad; Stresses the need of the foreseen instrument having implementation mechanisms at both, national and international level, to ensure the enforceability of its provisions;
Amendment 186 #
2018/2656(RSP)
Paragraph 14
14. Decides to continue to closely follow the OEIGWG negotiations process;
Amendment 14 #
2018/2155(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the right to freedom of religion or belief (FoRB) is a human right inherent to all human beings and a fundamental right of individuals which should be subjected to no kind of discrimination, as enshrined by international and European founding texts, including the Universal Declaration of Human Rights, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union;
Amendment 20 #
2018/2155(INI)
Motion for a resolution
Recital B
Recital B
Amendment 28 #
2018/2155(INI)
Motion for a resolution
Recital C
Recital C
C. whereas FoRB isall human rights and fundamental freedoms are indivisible, is interdependent on and interrelated to fundamental freedoms , and freedom to manifest one’s religion or belief includes and is dependent on elements of mandy other human rights, and is a cornerstonefundamental freedoms, such as freedom of expression, and freedom of assembly and association and should be considered a basic human right that protects the core of human dignitying one’s fundamental outlook on life;
Amendment 35 #
2018/2155(INI)
Motion for a resolution
Recital D
Recital D
D. whereas respect for FoRB directly contributes to democracy, development, the rule of law, peace and stability; whereas violations of FoRB are increasingly widespread, affect people in all parts of the world and may exacerbate intolerance, often constituting early indicators of potential violence and conflicts;
Amendment 44 #
2018/2155(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EU has promoted FoRB, at international level and through multilateral fora, in particular by taking the lead on thematic resolutions on FoRB at the UN General Assembly (UNGA) and the UN Human Rights Council (UNHRC) and supporting the mandate of and engaging with the UN Special Rapporteur on FoRB, but also through cooperation with those third countries that have similar FoRB guidelines and special envoys, such as the United Statlike-minded third countries;
Amendment 48 #
2018/2155(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that religion or belief is an important undeniable pillar of human identity, greatly impacting individuals and societies, and is therefore a reality thatfor anyone who professes either, is one of the fundamental elements in one conception of life and must not be neglected or denied in policies but requires proper recognition and addressing;
Amendment 71 #
2018/2155(INI)
4. Stresses that, in accordance with Article 21 TEU, the EU and its Member States have pledged to enhance respect for human rights, as a principle guiding EU foreign policy; strongly welcomes the fact that the 2013 EU Guidelines mainstream this fundamental freedome promotion and protection of FoRB into EU foreign policy and external actions, and in this regard calls for its further strengthening activities aimed at awareness raising and implementation of the Guidelines;
Amendment 76 #
2018/2155(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, in accordance with Article 17 TEU, the EU is committed to maintaining open, transparent and regular dialogues with churches and religious, philosophical and non-confessional organisations; highlights the supporting effect of these dialogues for respect for other human rights, equal rights for women, children’s rights, as well as for democracy, development, the rule of law, good governance, peace and stability, and environmental and labour standards; stresses that such interreligious and intercultural dialogues are often met by greater openness by some EU international partners and create a starting-point for progress in other areas;
Amendment 83 #
2018/2155(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the enhancement of the promotion of FoRB in EU foreign policy and external actions over recent years, in particular through the EU Global Strategy for foreign policy and security and the 2015-2019 EU Action Plan on Human Rights and Democracy; welcomes the fact that this enhancement is being met with an increased commitment on the part of many partner countries to comply with the respective Articles 18 of the UDHR and ICCPRrefers in this respect to the activities of the EU Special Representative for Human Rights who consistently raised FoRB, inter alia, during High Level Human Rights Dialogues with third countries;
Amendment 88 #
2018/2155(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of linking up efforts to promote FoRB and inter- and intra-religious dialogues withwith religious and belief literacy in general; recognises in this respect the positive role religious and belief communities and their organisations can play for the prevenomotion of violent extremism on a complementary and mutually reinforcing basis, in particular within neighbouring and other countries with which the EU has special relationsdevelopment, good governance, humanitarian aid and peace-keeping through reconciliation activities; is convinced of the usefulness of inter- and intra-religious and belief dialogues for the prevention of violent extremism;
Amendment 110 #
2018/2155(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that the Special Envoy has developed effective working networks within the Commission, as well as with the Council, and the European Parliament, as well as withnd other stakeholders; deploregrets, however, the fact that the Special Envoy’s mandate was not established and consolidated with sufficientat due to his place within the Commission, and despite attempts to come to informal arrangements, co-operation between the Special Envoy and the EEAS was not optimal and made it difficult for the Special Envoy to draw upon the EEAS’ human and financial resources;
Amendment 114 #
2018/2155(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 126 #
2018/2155(INI)
Motion for a resolution
Paragraph 12 – introductory part
Paragraph 12 – introductory part
12. Calls on the Council and the Commission to creflect on creating the EU Special Representative for FoRBate, beginning during the new legislative term a post for a truly EU Special Envoy on Religion or Belief and Society, working closely together with the EU Special Representative for Human Rights and acting as Special Advisor and in this capacity reporting directly to the High Representative/Vice-President; considers that the competences and mandate of this Special RepresentativeEnvoy should include:
Amendment 136 #
2018/2155(INI)
Motion for a resolution
Paragraph 12 – point e a (new)
Paragraph 12 – point e a (new)
(ea) acting as focal point for all issues relating to religion or belief and society insofar as these emerge in the relations with third countries;
Amendment 137 #
2018/2155(INI)
Motion for a resolution
Paragraph 12 – point e b (new)
Paragraph 12 – point e b (new)
(eb) organising training and awareness-raising activities on religious and belief literacy for staff in the EEAS, including the EU Delegations, and in the Member States’ Ministries of Foreign Affairs, including their embassies;
Amendment 148 #
2018/2155(INI)
Amendment 155 #
2018/2155(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends the setting up of a regular advisory working group of Member States’ FoRB institutions and European Parliament representatives together with experts, scholars, and representatives of civil society, including churches and other faith-based organisations, providing advice on FoRB issues to assist the Special Envoy;
Amendment 160 #
2018/2155(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends that the Special Envoy further develops cooperation with counterparts outside the EU, in particular by working in close cooperation with the UN Special Rapporteur on FoRB, as well as exploring the possibility of EU-UN joint annual reporting on discrimination against religious minorities, also formulating common proposals on how to put an end to such acts;
Amendment 178 #
2018/2155(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Commends, in this respect, the efforts made to date by the EEAS and the Commission to provide training on religious and belief literacy to EU officials and national diplomats; stresses, however, the need for broader and more systematic training programmes which would raise awareness of and increase the use of the EU Guidelines among the EU’s and Member States’ officials and diplomats and strengthen cooperation with the Special Envoy; asks for churches and religious communities and associationorganisations based on religions or beliefs to be involved in this training process; calls on the Commission and the Council to earmark resources for establishing such training programmes;
Amendment 182 #
2018/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the EEAS to produce EU Annual RepoHR/VP to submit annual progress reports in respect of the implementation of the EU Guidelines, as parts on FoRB in the world, to be communicaf the general human rights report , to be submitted to the European Parliament and the Council; notes that the EU Guidelines provide for an evaluation of their implementation by COHOM after a period of three years, and that no such evaluation has been communicated or made public; calls for the evaluation to be made public without delay; considers that the evaluation should highlight best practices, identify areas for improvement, and provide concrete recommendations on implementation in accordance with a specified timeline and milestones subject to regular annual evaluation; calls for the evaluation to be includsubmitted into the EU Annual Reports on FoRB in the worlduropean Parliament and the Council;
Amendment 203 #
2018/2155(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recommends the EU Special Representative for Human Rights and the Special Envoy to pursue their efforts to bring forward the Istanbul Process on promoting tolerance and inclusion, ending violence and discrimination based on religion or belief, following the UN Rabat Plan of Action and to offer hosting the next round of this process; welcomes the ‘Faith for Rights’ initiative of March 2017 of the OHCHR, that led to the adoption by religious leaders and civil society actors of the Beirut Declaration and its eighteen commitments; recommends the EU institutions to support and mobilise all the actors of the ‘Faith for Rights’ initiative to promote the universal and uniform goals of the Declaration, across the world;
Amendment 214 #
2018/2155(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the EU’s policies in the fields of peace, security and conflict prevention and development and cooperation face challenges, for which solutions can be devised with the participation of churches, religious leaders, academics, religious communities and associations or faith-based organisreligious and belief communities and their associations that are a critical part of civil society; acknowledges the importance of being mindful of the diversity of churches, religiousreligious and belief communities and associations and faith-based organisations which perform actual development and humanitarian work for and with communities; calls on the Council and the Commission to incorporate, where relevant, objectives and activities relating to the promotion and protection of FoRB into the programming of funding instruments linked to those policies, namely the EDF, the DCI, the ENI, the IcSP and the IPA;
Amendment 6 #
2018/2107(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to Article 208 of the Treaty on the Functioning of the European Union(TFEU),
Amendment 12 #
2018/2107(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
– having regard to its resolution of 27 April 2017 on the EU flagship initiative on the garment sector. 1a __________________ 1a Texts adopted, P8_TA(2017)0196.
Amendment 22 #
2018/2107(INI)
Motion for a resolution
Citation 7 k (new)
Citation 7 k (new)
– having regard to the 2030 UN Sustainable Development Goals;
Amendment 29 #
2018/2107(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 207 of the Treaty on the Functioning of the European Union (TFEU)stipulates that the EU’s trade policy must be built on the principles and objectives of EU external policy; whereas Article 208 of the TFEU establishes the principle of policy coherence for development and sets the eradication of poverty as the main objective; whereas the Commission’s Trade for All communication bases EU trade policy on three key principles – effectiveness, transparency and values;
Amendment 32 #
2018/2107(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 3 of the Treaty on European Union states that the Union must contribute, among other things, to sustainable development, the eradication of poverty and the protection of human rights; whereas Article 21 TEU provides that (i) the EU's action on the international scene must be guided, inter alia, by the universality and indivisibility of human rights and fundamental freedoms, and the respect for human dignity; and (ii)that the EU must define and pursue common policies and actions so as to, inter alia, support human rights;
Amendment 46 #
2018/2107(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas EU trade policy must not undermine, either directly or indirectly, the promotion and protection of human rights and civil space in developing countries; whereas the European Union must internationally promote a trade policy in where people and planet are in the centre;
Amendment 47 #
2018/2107(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas there are no concrete and substantial improvements in terms of human rights and social rights and that there are even allegations that the production benefited by the GSP is encouraging land grabbing and the violation of labour and human rights in several of the countries covered by the GSP;
Amendment 52 #
2018/2107(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the particular situation of Export Processing Zones (EPZs) is such that in some countries they are exempt from local labour laws and forbid or limit union activity, and that workers have no recourse to legal redress there, which constitutes a clear violation of ILO standards; whereas corruption and exemptions from labour laws and taxation in EPZs could have a negative impact on human rights, in particular by undermining decent work and trade unions;
Amendment 53 #
2018/2107(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas GSP might lead to an increased dependence on exportation of raw materials that intensifies the pressure on land and water resources, which could lead more quickly to deforestation and reduction of biodiversity; Whereas GSP could be used as an instrument of political pressure from the developed economies to promote the support of the developing countries in various aspects of their international agendas;
Amendment 55 #
2018/2107(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas gender equality in all EU policies is firmly established in Article 8 of the TFEU; whereas trade and investment agreements tend to affect women and men differently on account of structural gender inequalities; whereas according to the ILO, in 2012 21 million people worldwide, of whom 55 % were women and girls, were the victims of forced labour, with 90 % of these were exploited in the private economy by individuals or enterprises;
Amendment 71 #
2018/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that the GSP scheme has brought economic gains to the beneficiary countries and the EU, with increased exports to the EU and improved preference utilisation rates by EBA and GSP+ beneficiaries, but that in some cases the inequality rate of the countries remains high; urges the EU to work on raising awareness of the GSP rules in the beneficiary countries to promote an even better uptake of the scheme, and to monitor the distribution the wealth eventually produced by the use of the schemes;
Amendment 75 #
2018/2107(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that, overall, the GSP scheme appears to have created incentives for ratifying international conventions and has therefore created a better framework for progress; stresses the importance of measures to ensure that GSP enhances positive environmental development; nevertheless, considers these achievements to be too limited and insufficient; stresses that much has to be done in beneficiary countries to achieve a sustainable development model;
Amendment 79 #
2018/2107(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that acts of secondary EU law must be both designed and interpreted in line with primary EU law and general principles of EU law; thus, calls for a reform of the GSP Regulation that would lead to bind the European Commission to withdraw GSP treatment from third countries that fail to adequately address established violations of human rights within their jurisdiction;
Amendment 87 #
2018/2107(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges the progress on effective implementation through increased monitoring and dialogue between the EU and the beneficiary countries; stresses the need for continued engagement and further improvement of transparency in GSP+ monitoring and better involvement of civil society and trade unions; in this regard calls for the establishment of joint oversight commissions with the participation of local civil society and trade union representatives, private sector and beneficiary government; takes the view that further coordination and burden- sharing between the embassies of Member States in beneficiary countries is required to streamline the monitoring process;
Amendment 88 #
2018/2107(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to address shrinking space for civil society, threats to independent trade unions and obstacles to EU funding to NGOs in monitoring, scorecards, GSP+ dialogues and “Enhanced Engagement”, as these issues are directly related to legal obligations under the International Covenant on Civil and Political Rights and relevant provisions of the International Labour Organisation core conventions, in line with the COM Trade for All communication that bases the EU trade policy on three key principles – effectiveness, transparency and values;
Amendment 93 #
2018/2107(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Suggests that the future reform of GSP+ should take into consideration a progressive phase-in approach, in which tariff reductions would be increased as benchmarks based on achievements in terms of sustainable development are met; emphasize the conditionality of trade preferences to improvements on social and environmental protection;
Amendment 94 #
2018/2107(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to lay down specific objectives and benchmarks with regard to the effective implementation of international conventions and systematically include these in the human rights country strategy papers with a view to ensuring consistency and mainstreaming human rights into trade policy;
Amendment 95 #
2018/2107(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Encourages the establishment of an independent and formal complaints mechanism related to the effective implementation of obligations under international conventions under GSP+, in order to take into account all available information, including from reliable local stakeholders;
Amendment 97 #
2018/2107(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to include ILO Convention 169 on Indigenous Peoples, within the other fundamental binding conventions to be eligible for GSP, as an essential instrument to curve land grabbing and key human rights violations;
Amendment 113 #
2018/2107(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the first safeguard investigation under the regulation and considers that this clause should ensure that the EU’s social, environmental, financial and economic interests are protected while being able to offer preferences for sensitive products; stresses the need to ensure the effective implementation of international conventions by the beneficiary countries in order to prevent increased levels of environmental and social dumping;
Amendment 118 #
2018/2107(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that the GSP has made the corporate sector more dynamic, resulting in an increased number of women in the labour force in the industries of the export countries that trade with the EU; notes however that despite some limited improvements women continue to be discriminated and is concerned in particular for the condition of women in the Ready Made Garment (RMG) sector;
Amendment 122 #
2018/2107(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the effect that the GSP has had on private corporations’ initiatives to adopt cleaner and safer technologies, and the direct positive impact thereof on workers and the environment; takes the view that measures to further encourage this development should be planned; calls consequently on the establishment of due- diligence obligations on EU actors along the value chain in order to ensure a level- playing field among private corporations who have voluntarily engaged in these initiatives and those who have not done so; stresses in this regard that many of the calls that the European Parliament expressed in its resolution of 27 April 2017 on the EU flagship initiative on the garment sector have not been met yet; welcomes the effect that the GSP has had on private corporations’ initiatives to adopt cleaner and safer technologies, and the direct positive impact thereof on workers and the environment; takes the view that measures to further encourage this development should be planned;
Amendment 13 #
2018/2106(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the political dialogue and cooperation pillar are still not applied as not all Member States have ratified the AA; whereas the non-application of this two pillars involve an imbalance between trade-related issues and political-issues namely EU´s core values such as promotion of democracy and human rights;
Amendment 21 #
2018/2106(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the human rights situation in several CA countries is worrying;
Amendment 25 #
2018/2106(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that the AA tries to meet one of its key initial aims as it intends to strengthen the process of regional integration among the CA countries by supporting intra-regional institutions, cooperation and dialogues, contributing to the achievement of TEU art 21, the universal UN´s Agenda 2030 for sustainable development and contributing, under the framework of the principle of Policy Coherence for development as stated in TFUE Article 208, to the complementarity of their productive sectors, facilitating fair cross- border exchanges and fostering regional sustainable economic growth; reiterates that the AA contributes to consolidating the broader strategic dimension of the partnership between the EU and Latin America and the Caribbean (LAC); considers it essential to ensure the full entry into force of the AA, which is pending internal ratification by some EU Member States, and the effective and adequate implementation of all the provisions of the trade pillar by both parties;
Amendment 46 #
2018/2106(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that the development of specific anticorruption and public finance-related provisions are need to surpass the fact that liberalisation of trade in goods and services with developing countries increases the threat of money laundering, and that it is therefore likely to contribute to an increase in illicit financial flows from developing countries to the EU;
Amendment 59 #
2018/2106(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note of the different country reports carried out by the ILO and of the challenges that still remain; calls on the CA countries concerned to eradicate violence against trade unionists, human rights defenders and indigenous peoples, and to take legislative measures to effectively implement ILO fundamental conventions on freedom of association, collective bargaining and non- discrimination, and child labour; stresses the importance of strengthening labour inspections and enhancing social dialogue; is deeply concerned on the deficits on social standards of garment sector industry of some CA countries;
Amendment 62 #
2018/2106(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the thresholds established under the Stabilisation Mechanism for Bananas, annexed to the Agreement and applicable until 2020, should not be exceedbe carefully examined, and that once it expires parties should continue to provide statistics, including on Fair Trade and organic produce;
Amendment 172 #
2018/2098(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reaffirms that freedom of thought, conscience, religion and belief, andwhich includes the rights to apostasy and to espouse atheistic views, must be enhanced unconditionally through support for interreligious and intercultural dialogue; condemns the persecution of and attacks against ethnic and religious groups in 2017; deplores the attempts by state actors to limit freedom of religion and belief, freedom of assembly and freedom of expression by adopting and implementing blasphemy laws, among other means; requests that further action be taken to protect religious minorities, non-believers and atheists, including the victims of blasphemy laws, and calls for the EU and its Member States to increase their engagement in political discussions to repeal such laws; supports the EU’s efforts to implement the Guidelines on the promotion and protection of fother violations of freedom of religion or belief; Calls for the EU to strengthen efforts to implement the Guidelines on the promotion and protection of freedom of religion or belief; Requests that the EEAS publishes its Guidance Note on the Guidelines; calls for the relocation of the Special Envoy on Freedom of rReligion or bBelief outside of the EU from the Directorate-General for International Cooperation and Development to the EEAS, to report directly to the HR/VP;
Amendment 74 #
2018/2085(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is concerned about the incompatibility of the blockchain technology with the right to be forgotten, and stresses that blockchain can pose a serious threat to the privacy of EU citizens;
Amendment 76 #
2018/2085(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Remarks that the users of blockchain and blockchain applications should at all times have access to all data related to transactions in which they are directly or indirectly involved;
Amendment 85 #
2018/2085(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is concerned about the potential environmental costs of the blockchain technology, and stresses that the EU and Member States should always use the Paris Agreement and SDGs as a starting point while researching, developing and facilitating the use of blockchain;
Amendment 104 #
2018/2085(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Expresses its concern about the fact that the blockchain technology is an unregulated practice, vulnerable to market manipulation and other risks, while it remains unclear how accountability mechanisms could be enforced in case of scams, hacks etc.
Amendment 109 #
2018/2085(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Urges the Commission to involve privacy experts and CSOs in its research of the possible applications of blockchain, outlining the consequences of blockchain in the context of international and European privacy protection and rights;
Amendment 112 #
2018/2085(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Is sceptical about the application of blockchain technology to the public domain as long as regulatory oversight is not safeguarded;
Amendment 2 #
2018/2037(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Whereas a broad coalition of NGO's has addressed the structural problems of the CAP, also related to international trade, referring to "an unfair system for farmers, a constant crisis on agricultural markets, a continuous decline in the state of natural resources, failures in delivering on animal welfare, negative public health outcomes, and severe negative impacts beyond Europe's borders"1a; _________________ 1aLetter dated 22nd March 2016 to President Juncker, subject: "CAP Fitness Check - Can the CAP deliver a sustainable European food and farming system?"
Amendment 7 #
2018/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that EU trade policy can contribute to the achievement of the objectives of the common agricultural policy (CAP), notably ensuring a fair standard of living for the agricultural community and that supplies reach consumers at reasonable prices; stresses that the EU agri-food sector should take advantage of the opportunities for growth offered by exports, given that an estimated 90 % of additional global demand for agri- food products over the next decade will come from outside Europe; stresses that so-called developing countries should have enough opportunities to establish and maintain a strong agri-food sector on their own;
Amendment 9 #
2018/2037(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the export of agricultural EU products has considerable consequences for the production processes in third countries; urges to phase-out export subsidies in order to avoid further market distortion in so-called developing countries;
Amendment 15 #
2018/2037(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Insists that processes and production methods (PPM) are an essential part of social, economic and environmental standards in global agricultural trade, and encourages the Commission to urge the World Trade Organisation (WTO) to acknowledge PPM as such;
Amendment 18 #
2018/2037(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Commission to incorporate enforceable mechanisms, including sanctions, in Trade and Sustainable Development (TSD) chapters in trade agreements;
Amendment 25 #
2018/2037(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission, in the context of ongoing and future bilateral trade negotiations with third countries, to approach with the utmost care the liberalisation of market access in sensitive agricultural sectors and to consider transition periods, tariff-rate quotas, appropriate safeguarding measures and the exclusion of the most sensitive products; notes that this predominantly concerns beef, other meat, rice, wheat, other cereals, sugar, and dairy products; emphasizes that this approach reciprocal also applies to third countries, regarding their own sensitive agricultural sectors;
Amendment 30 #
2018/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that the Commission in its reflection paper on “Harnessing Globalization” rightly signals the demand for more fair trade and sustainable and local products as a changing trend in globalization; stresses that EU trade policy can extensively contribute to achieving the Sustainable Development Goals (SDGs) and climate goals set in the Paris Agreement; notes that the production of soy and palm oil leads to the destruction of nature, emission of greenhouse gasses and the undermining of land rights for small farmers and indigenous peoples; notes that the import of these products hinders both the aspirations of the European Commission and the sustainability goals agreed upon; foresees that some of the trade agreements the EU is currently negotiating will only increase the production of soy and palm oil and the import of these products to the EU; proposes therefore to introduce import duties on soy and palm oil, promoting European production of protein and oil crops; proposes import duties on biofuels, among others those based on sugar cane; proposes that the EU stimulates the development and use of alternatives for these biofuels, and becomes as self- sufficient as possible;
Amendment 34 #
2018/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls for the prohibition of all forms of seed patenting, in order to protect farmers against the pressure and power of multinationals producing seeds, and to protect local varieties as well as our genetic and cultural heritage;
Amendment 36 #
2018/2037(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls on the Commission to improve the transparency of the supply chain by means of mandatory labelling, possibly by making use of block chain technology; urges the Commission to investigate the possibilities thereof and present its findings to the European Parliament;
Amendment 38 #
2018/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the lack of progress on domestic support in agriculture at the 11th WTO Ministerial Conference; reiterates that any future EU position on this topic must duly respect the framework of the reformed CAP; invites EU trading partners, in this regard, to make commitments to reducing trade-distorting domestic support; calls on the WTO members that continue to grant export subsidies to implement the Ministerial Decision on Export Competition adopted in Nairobi on 19 December 2015;
Amendment 44 #
2018/2037(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 44 #
2018/2005(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that in general enforceable regulation for the protection of workers and the environment did not keep pace with the development of increasing globalisation, in which governments' neo- liberal policies have facilitated companies under the pretext of economic growth, leading to profit-maximizing and value for private shareholders, with neglect of the protection of public interests;
Amendment 80 #
2018/2005(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned the global Labour Income is decreasing, while the rent on capital is increasing, causing a widening gap between income groups and rising inequality on a global scale; notes that the free flow of financial capital is the main cause of these inequalities, and has led to several financial crises; notes that the lack of possibilities of capital controls was one of the root causes of the euro-crises, most evidently in Greece; calls upon the Commission, in collaboration with the Member States and consulting international institutions, to outline the possibilities within the EU and international fora such as the OECD, to introduce forms of capital control;
Amendment 85 #
2018/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the importance of engaging in the restructuring of the world economic order and of respecting the needs of developing countries, while stressing that the aim of fulfilling the SDGs and the conditions of the Paris Agreement must provide the overarching framework; emphasises that EU's trade policy must be secondary to these aims; urges the Commission in its future reports on the implementation of free trade agreements to provide an evaluation, including data, of their impact on the fulfilment of the SDGs and Paris Agreement;
Amendment 162 #
2018/2005(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds the Commission and Member States of their legal obligations on the basis of the Human Rights Conventions and Environmental Agreements; reiterates that these obligations should not be seen as a mere paper exercise; calls on the Commission and Member States to take up their duties to ensure compliance with internationally recognised human rights and environmental norms and standards;
Amendment 184 #
2018/2005(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Finds it incomprehensible that the Commission acknowledges on the one hand the negative consequences of globalisation, but on the other hand pursues its current proposal for a Multilateral Investment Court; calls on the Commission to take note of the serious arguments against the proposed model, mentioning among others the 'regulatory chill', the huge claims against upcoming economies, the lack of investors' obligations and the absence of court- access for third parties;
Amendment 208 #
2018/2005(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that globalisation has given extra opportunities for multinational companies of using loopholes in international law and shifting profits to low-tax jurisdictions rather than paying taxes where they produce and sell; states that these strategies deprive EU governments of tax revenues and contribute to unfairness and the self- fulfilling prophecy that globalisation only benefits the bigger companies and well-off citizens; points out that public country-by- country reports for each country where a multinational company has an activity could be an instrument to tackle tax avoidance;
Amendment 211 #
2018/2005(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. States that despite the Commission's positive view on it, digitalisation will also have its impact on jobs and workers; calls on the Commission to tackle the challenges posed by digitalisation and to come up with a proposal ensuring the same level playing field for all economic players and guaranteeing the enforcement of workers' rights in the digital economy;
Amendment 4 #
2018/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the progress made in FLEGT VPAs; calls on the Commission to strengthen their implementation and to address remaining challenges such as corruption, conflict timber, forest degradation, transparency and the security of tenure for communities as a key principle of land governance; notes that the Commission is also negotiating VPA's with more countries, among others Vietnam; points out that the forthcoming Free Trade Agreement between the EU and Vietnam could have a negative incentive on illegally logged Vietnamese timber; urges the Commission to first have the VPA with Vietnam signed and fully implemented;
Amendment 5 #
2018/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the progress made in FLEGT VPAs; calls on the Commission to strengthen and speed up their implementation and to address remaining challenges such as corruption, conflict timber, forest degradation, transparency and the security of tenure for communities as a key principle of land governance;
Amendment 8 #
2018/2003(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to explicitly address conflict timber in the FLEGT regulation or bilateral agreements; treating it as illegal; suspending bilateral agreements and notifying Member State authorities without having to wait for UN or EC sanctions;
Amendment 12 #
2018/2003(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to promote a correct allocation of resources by Member States, with harmonised sanctions, and interpretation;
Amendment 13 #
2018/2003(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 24 #
2018/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the EU has regulated the supply chains of timber, fish and conflict minerals, but not yet of forest-risk agricultural commodities; urges the Commission to develop a legal framework to enforce due diligence obligations in the supply chain of these commodities, taking into account besides the environmental impacts, also the human rights impacts of deforestation, like land grabbing, severe intimidations to human rights defenders and slavery-like labour conditions;
Amendment 32 #
2018/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the need of expanding and reinforcing the arrangements for preventing, monitoring and verifying environmental and human rights impacts of EU bilateral and multilateral free trade and investment agreements, including via verifiable indicators and independent community-based monitoring and reporting initiatives;
Amendment 39 #
2018/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the EU to always include enforceable provisions in its TSD chapters to halt illegal logging and forest degradation, including through the possible use of sanctions; calls on the Commission to add such provisions to already concluded FTAs through the revision clause; recalls the importance of tackling the illegal logging for domestic use, which in some countries and sectors exceed the quantity of exports;
Amendment 46 #
2018/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use the GSP to improve the protection of forests in partner countries, including by setting up a complaint mechanism allowing interested parties to submit complaints, which shall take into special consideration the rights of the indigenous peoples, forest- dependent communities, and the rights granted under ILO Convention C169 on Indigenous and Tribal Peoples where applicable ;
Amendment 53 #
2018/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the importance of adequate access to justice, legal remedies, and effective protection for whistleblowers in natural resources exporting countries in order to ensure the efficiency of any legislation or initiative;
Amendment 2 #
2018/0291(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDeclines to gives its consent to Samoa’s accession to the agreement;
Amendment 2 #
2018/0256(NLE)
Draft legislative resolution
Citation 5
Citation 5
– having regard to Rule 99(1) and (4),and Rule 108 (6) and (7) of its Rules of Procedure,
Amendment 5 #
2018/0256(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Gives its consent to the agreement;Asks to the European Court of Justice to issue a legal opinion whether the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco is complying with the European treaties, with the international law and with the 21 December 2016 European Court ruling.
Amendment 6 #
Amendment 29 #
2018/0161(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Whereas the Council has noted with concern that “an increasing number of examples of market failure in a number of Member States, where patients access to effective and affordable essential medicines is endangered by very high and unsustainable price levels […] and that individual governments have sometimes limited influence in such circumstances;”1a __________________ 1a Council conclusions on strengthening the balance in the pharmaceutical systems in the EU and its Member States: https://www.consilium.europa.eu/en/press /press-releases/2016/06/17/epsco- conclusions-balance-pharmaceutical- system/
Amendment 30 #
2018/0161(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) Whereas the European Parliament has expressed that “in many cases, the prices of new medicines have increased during the past few decades to the point of being unaffordable to many European citizens and of threatening the sustainability of national health care systems;”1a __________________ 1a Report on EU options for improving access to medicines (2016/2057(INI): http://www.europarl.europa.eu/sides/getD oc.do?type=REPORT&reference=A8- 2017-0040&language=EN
Amendment 26 #
2018/0101(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Close monitoring of sensitive products, if any, should facilitate a timely decision concerning the possible initiation of an investigation and subsequent application of measures. Therefore the Commission should regularly monitor imports of sensitive products, if any, from the date of provisional application or entry into force of the Agreements, if there is no provisional application. Monitoring should be extended to other sectors upon a duly justified request made by the relevant industry, trade union or civil society organisation.
Amendment 28 #
2018/0101(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Safeguard measures should be applied only to the extent, and for such time, as may be necessary to prevent serious injury and to facilitate adjustment, and should take into account the effects of the extraordinary imports on the performance on the Sustainable Development Goals.' achievement. The maximum duration of safeguard measures should be determined and specific provisions regarding extension and review of such measures should be laid down.
Amendment 49 #
2018/0101(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) as to cause or threaten to cause serious injury to the Union industry, or as to cause or threaten to cause serious injury to the environment, including that of the producing country, due to the increase of imports to the Union; and,
Amendment 50 #
2018/0101(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) as to cause or threaten to cause serious injury to the Union industry, or the working conditions in that industry; paying special attention when it affects the SME's on that sector; and,
Amendment 56 #
2018/0101(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Upon a duly justified request by the concerned Union industry concerned, trade union or civil society organisation, the Commission may extend the scope of the monitoring to other sectors, if any, than those mentioned in the Annex.
Amendment 62 #
2018/0101(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. An investigation shall be initiated by the Commission upon request by a Member State, by any legal person or any association not having legal personality acting on behalf of the Union industry, by a concerned trade union or civil society organisation, or on the Commission's own initiative, where there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 6(5).
Amendment 70 #
2018/0101(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature affecting the situation of the Union industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports and changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment, wages, and working conditions. This list is not exhaustive and other relevant factors may also be taken into consideration by the Commission for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, return of capital employed, cash flow, and other factors which are causing or may have caused serious injury, or threaten to cause serious injury to the Union industry, workers or consumers.
Amendment 77 #
2018/0101(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point b
Article 8 – paragraph 1 – subparagraph 1 – point b
(b) to cause or threaten to cause serious injury to the Union industry; or to cause or threaten to cause serious injury to the environment, including that of the producing country, due to the increase in imports to the Union; and,
Amendment 78 #
2018/0101(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point b
Article 8 – paragraph 1 – subparagraph 1 – point b
(b) to cause or threaten to cause serious injury to the Union industry, or the working conditions in that industry; paying special attention when it affects the SME's in that sector; and,
Amendment 22 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the EU’s new approach to investment protection and its enforcement mechanism (ICS), which has replacedis in essential the same as the highly controversial investor- to-state dispute settlement (ISDS); notes that several studies have shown that ICS would bring no changes to the extremely far-reaching rights that are afforded to foreign investors in current investment treaties.
Amendment 28 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 37 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that there are no safeguards foreseen that would prevent this ICS system from creating regulatory chill effect by threatening a government with an ICS case to prevent unwanted legislation from being developed or passed.
Amendment 39 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Acknowledges the right of both parties to introduce legislation on all governmental levels and to pursue public policy objectives.
Amendment 46 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the transparency rules applying to proceedings before the tribunals, which will help to instil public trust in the systemany and all tribunals;
Amendment 48 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. StresseRegrets that third parties such as labour and environmental organisations can only contribute to ICS proceedings through amicus curiae briefs; urges the EU and Singapore to make it possible for these organizations to join the proceedings as parties affected.
Amendment 52 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the agreement represents an nominal improvement on the investment protection provisions in CETA, as it incorporates provisions on obligations for former judges, a code of conduct to prevent conflicts of interests and a fully functioning Appellate Tribunal at the time of its conclusion;
Amendment 55 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the Investment Court System as introduced in CETA is currently pending before the European Court of Justice for an Opinion on its compatibility with the EU treaties and that therefore a signal from the EP on the ICS is at this moment highly counterproductive.
Amendment 58 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomesTakes note of Singapore’s commitment to the multilateral investment court, a public international court which should be empowered to hear disputes on investments between investors and states that will have accepted its jurisdiction over their bilateral investment treaties, and whose ultimate goal is to overcome the current, unbalanced and fragmented investment protection regime; considers the agreement a crucial stepping . Regrets the fact that there is no respect for domestic courts to hear disputes first. Furthermore, this multilateral investment court is contrary to customary international law and international human rights law, which requires the exhaustione towards that end; of local remedies.
Amendment 65 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Council’s decision to make public the negotiating directive of 20 March 2018 on the multilateral investment court and calls on the Council to make public all previous and future trade and investment agreement negotiating directives immediately after they are adopted in order to increase transparency and public scrutiny;
Amendment 68 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that the agreement will replace the existing bilateral investment treaties between 13 EU Member States and Singapore, which are based on outdated investment protection provisions and include the controversial ISDS; considers that this constitutes an important step in reforming global rules on investment dispute settlement and, it is hoped, will progressively lead to the removal of ISDS from bilateral investment treaties;
Amendment 87 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 91 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and Singapore to agree stronger sanctions in the event that a member of the tribunals does not comply with the code of conduct, and to ensure that they are in place as soon asbefore this agreement enters into force;
Amendment 94 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 4 #
2018/0095(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDeclines to gives its consent to conclusion of the agreement;
Amendment 5 #
2018/0095(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Gives its consent to conclusion of the agreementSuspends the consent procedure until the European Court of Justice has delivered its opinion regarding the compatibility of Investment Court System with European Union Treaties, Opinion 1/17;
Amendment 17 #
2018/0093M(NLE)
Motion for a resolution
Recital F
Recital F
Amendment 25 #
2018/0093M(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas more than 10 000 European companies have their regional'letterbox' offices in Singapore;
Amendment 33 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the signing in Brussels, on 19 October 2018, of the FTA;
Amendment 39 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that negotiations were originally concluded in 2012 and regrets the longtakes note of the delay in bringing forward the agreement for ratification due to a request for an Opinion from the Court of Justice;
Amendment 45 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 53 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is concerned that the Prudential Carve-Out paragraph (article 8.50) is less strong than the one used in CETA, since it does not refer to measures that can be taken to safeguard the security and integrity of an individual financial institution, and asks the Commission for an explanation thereof;
Amendment 54 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Is concerned that the phrasing “not […] more burdensome than necessary” in reference to measures that can be taken under the Prudential Carve- Out is highly contestable and poses a serious threat to governments’ right to regulate in order to safeguard the integrity and stability of a Member State’s financial system;
Amendment 55 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Is concerned that the Prudential Carve-Out paragraph is not strong enough to enable the EU and governments to refuse the supply of new financial services provided Singapore – being a big supplier of financial services and a tax haven – in order to protect the integrity and stability of the financial system;
Amendment 56 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Remarks that the phrasing “each Party shall make its best endeavours” to implement and apply financial regulation and guidelines such as the Basle Committee’s “Core Principles for Effective Banking Supervision” is of a noncommittal character,whereas the implementation of these kind of rules and guidelines should always be a prerequisite for concluding any agreement with a Party in order to safeguard the EU’s and Member States’ financial stability;
Amendment 57 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Is concerned that the Specific Exceptions paragraph (8.55)explicitly refers to exceptions that can be made regarding the domain of services forming part of a public retirement plan or statutory system of social security, especially since a motivation of allowing these exceptions is lacking;
Amendment 66 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets that despite all the efforts to battle tax avoidance and tax dodging, Singapore still remains a tax heaven and that Singapore is ranked 5 in Tax justice Network's Financial Secrecy Index because of its secrecy.
Amendment 67 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes that intermediation by banks in the setting-up of offshore structures has significantly decreased since 2007, when it was revealed that banks were promoting evasion of the provisions of the European Savings Directive of 2005 on a large scale; notes that reputational and regulatory risks in the aftermath of the financial crisis have also added to the decline in the offshore entities intermediated by banks since 2008; acknowledges, however, that at the global level statistical data do not show a general decline in the funds channelled through tax havens, at least up to 2014, but, rather, a reorganisation of jurisdictions and instruments used; notes that in parallel to the progressive rise in withholding tax levied by Luxembourg, Austria and Belgium (until 2009), from15 % in 2005 to 20 % in 2008 and 35 % in 2011, offshore money was increasingly allocated to letterbox companies in jurisdictions such as the Bahamas, Singapore and Hong Kong; notes, however, that the intermediation business has been taken over by other professions, namely lawyers, as demonstrated in the Panama Papers.
Amendment 72 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the fact that only around 190 EU geographical indications will be protected as of the entry into force of the agreement, with the possibility of adding more at a later stage, in view of the fact that Singapore is the fifth largest market in Asia for EU food and drink exports;
Amendment 86 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the agreement safeguards the EU’s right to keep and to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle;
Amendment 93 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that this is a progressive trade agreement and that both Parties committed in the trade and sustainable development (TSD) chapter to ensure a high level of environmental and labour protection;
Amendment 94 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Urges both parties to introduce a sanctions based mechanism for the Trade and Sustainable Development Chapter.
Amendment 97 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the Parties committed to make sustained efforts towards ratifying and effectively implementing the fundamental ILO conventions before entering into force of this FTA; welcomes the information provided so far by the Government of Singapore in relation to its compliance with three outstanding ILO conventions, namely those on Freedom of Association and Protection of the Right to Organise, on Discrimination and on Forced Labour, and expects Singapore to further engage with the ILO with a view to progressing towards full alignment with their content and ultimately pursuing their ratification;
Amendment 115 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to trigger the general review clause of the agreement as soon as possible in order to strengthen the enforceability of labour and environmental provisions including through a sanctions-based mechanism as a last resort;
Amendment 1 #
2018/0093(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDeclines to gives its consent to the agreement;
Amendment 25 #
2018/0091M(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas it was estimated in the 2016 Impact Assessment that the agreement would deliver limited positive impacts in terms of GDP, income, trade and employment for both the Union and Japan, adhering to the objective of ‘smart, sustainable and inclusive growth’; whereas the potential success of a trade agreement should rather be assessed on the basis of its contribution to achieving the UN Sustainable Development Goals by 2030;
Amendment 42 #
2018/0091M(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament has monitored these negotiations from the start, having called for transparency and for negotiators to meet the interests of both citizens, civil society and businesses;
Amendment 54 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Stresses that liberalisation of the financial sector by the EPA is very broad, as it includes all finance-related positions, and all financial products and innovations; recalls that among these products were the particularly toxic assets which were at the centre of the 2008 global financial crisis; warns that in combination with the opaque regulatory cooperation system, which has been agreed by the negotiators and which is aimed at reducing the costs and regulatory burdens for private operators. Underlines the need both in the European Union and Japan for far- reaching and effective financial regulation directed at strengthening control mechanism, guaranteeing transparency and access to information in order to preserve financial market stability.
Amendment 62 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes positively the ambitious andthe comprehensive nature of the EPA, which delivers on thea number of priorities set out in European Parliament resolution of 25 October 2012 on EU trade negotiations with Japan; deplores that negotiators repeated a number of mistakes made in CETA which were strongly criticised by civil society, amongst which the inclusion of ICS mechanism, no access for the public to EU offers in the negotiations;
Amendment 78 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that Japan will, notably, grant non-discriminatory access for EU suppliers to the procurement markets of 48 cities, remove the ‘operational safety clause’, which has in practise prevented EU rail suppliers to access the Japanese market, and maximise transparency in tendering for public contracts; insist that in the European Union as well in Japan, public procurement must continue to serve the best interest of the citizens; underlines the importance of access to public services for citizens;
Amendment 86 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes that the agreement provides significant export opportunities for EU agri-food products, such as wine, pig meat and cheese, and that i; warns that a dramatic increase of EU food products entering the Japanese market would put the livelihoods of Japanese farmers and small-scale food producers at stake and emphasises the need for a safety-net of efficient and fast safeguard measures; notes that the agreement protects only 205 European geographical indications out of thousands, and calls for a continuation of talks after three years in order to evaluate the options for increasing the list of protected GIs;
Amendment 97 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the fact that the agreement promotes best practices for providing safe and high-quality food and products for consumers; calls on both partners to mainstreamenhance consumer protection in the implementation of the agreement and to place the interests of consumers at the heart of the EPA; stresses that the agreement shall under no circumstances jeopardize precise, understandable and EU compliant food labelling;
Amendment 115 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the commitment to the effective and binding implementation of the Paris Agreement to combat climate change and of other multilateral environmental agreements, as well as to the sustainable management of forests (including fighting illegal logging) and fisheries (combating illegal, unreported and unregulated fishing (including the endangered Bluefin tuna) and stop whale hunting); calls on both parties to cooperate closely under the sustainable development chapter to exchange best practices and to strengthen the enforcement of legislation in these matters;
Amendment 117 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 9 – subparagraph 1 (new)
Paragraph 9 – subparagraph 1 (new)
Calls upon both parties to suspend the ratification of the EPA until further agreement is reached on binding Trade and Sustainable Development Chapter in a further, more comprehensive negotiation.
Amendment 128 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the fact that the agreement includes the commitment to pursue the ratification of fundamental ILO conventions; regrets that Japan has not yet ratified two ILO core conventions (on discrimination and on the abolition of forced labour) and expects, in light of commitments made in the EPA, concrete progress on the part of Japan towards the ratification of these conventions; calls upon parties to suspend the ratification of the EPA until this ratification, as also called upon by the EU and Japanese trade unions;
Amendment 148 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the inclusion of a review clause in the chapter on sustainable development and calls on the Commission to trigger this clause as soon as possibleimmediately in order to strengthen the enforceability and effectiveness of labour and environmental provisions, which should include the possibility of sanctions as a last resort;
Amendment 154 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that the EPA maintains the right of Member State authorities to define, provide and regulate public services at local, regional or national level, despite its negative list approach, and that it does notshould under no circumstance prevent governments from bringing any privatised service back in to the public sector;. Calls upon both parties to protect public water management and to exclude it from the application of market access commitments and non-discrimination clause under the EPA.
Amendment 166 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that market access commitments in cross-border services, including e-commerce, maritime transport, postal services and telecommunications, will give a boost to trade in services while safeguarding the pursuit of legitimate policy objectives and human rights due to a redefinition of the notion of public space;
Amendment 173 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the agreement preserves the sovereign right to regulate the financial and banking sectors for prudential and supervisory reasons; calls on both partners to use the financial regulatory forum to improve the global financial system; calls upon both parties to carry out systematic studies on the impact of the EPA on financial stability and national financial regulation space. Furthermore, calls upon parties to exclude financial regulation from the scope of investment protection arbitration;
Amendment 179 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes key innovative elements such as dedicated chapters to enhance benefits for SMEs and promote corporate social responsibility based on the principles of the G20 and the OECD;. Urges both parties to take a positive and constructive stance in the conclusion of the United Nations Binding Treaty on Business and Human Rights.
Amendment 190 #
2018/0091M(NLE)
17. Calls for transparency on the functioning of the regulatory cooperation committee and for a balanced involvement of all stakeholders, notably civil society organisations;. Calls upon full access for Members of the European Parliament and National Parliaments in the preparatory documents of the Regulatory Cooperation Committee. Furthermore, calls upon a transparency register for the participants to the Regulatory Cooperation Committee meetings.
Amendment 196 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls upon both parties to acknowledge the right of each national, regional and local authority to regulate in the public interest.
Amendment 199 #
2018/0091M(NLE)
18. Takes note that negotiations continue on a separate investment agreement and reiterates that it is unacceptable to return to the old, private ISDS mechanism; in whatever form. Calls upon the parties to rely on the domestic courts for disputes arising from the EPA.
Amendment 215 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the agreement includes a rendezvous clause to assess the issue of cross-border transfer of data provisions within three years; calls on the Commission to fully respect the EU law on data protection and on the protection of privacy and stresses that any future outcome must be subject to the consent of Parliament;. Urges the parties to provide safeguards on data protection and privacy with minimally the protection provided by the EU General Data Protection Regulation.
Amendment 2 #
Amendment 5 #
2017/2636(RSP)
Citation 16
— having regard to special paragraph in the ILO Committee on Application of Standards of the ILO Conference of 2016, the ILO High Level Tripartite Mission Report and the 2017 observations of the ILO Committee of Experts on the Application of Conventions and Recommendations concerning Conventions 87 and 98 - all which demonstrate convincingly the failure of the government to respect the right to freedom of association and to bargain collectively;
Amendment 6 #
2017/2636(RSP)
Citation 16 a (new)
- having regard for the complaint filed in 2017 with the ILO Committee on Freedom of Association concerning the government's crackdown on garment workers in Ashulia in December 2016 and the complaint filed with the UN special mandates concerning the crackdown in Ashulia;
Amendment 8 #
2017/2636(RSP)
Recital A
Amendment 10 #
2017/2636(RSP)
Recital C
C. whereas the ready-made industry (RMG) is currently employing 4.2 million people in as many as 5000 factories and indirectly supports the livelihoods of as many as 40 million people – about a quarter of Bangladesh’s population; whereas the RMG industry has importantly contributed to poverty reduction and to empowerment of women; whereas women, mostly from rural areas, represent 80% of the RMG sector in Bangladesh;
Amendment 16 #
2017/2636(RSP)
Recital D
D. whereas the EU’s generous unilateral trade preference under the so- called “Everything, but arms” initiative for least-developed countries (LDCs) enshrined in the EU GSP regulation granting tariff-free access for Bangladesh textiles under flexible rules of origins have significantly contributed to this success storyBangladesh's sizable exports, including of garments;
Amendment 17 #
2017/2636(RSP)
Recital E
E. whereas these generous trade preferences are enshrined in the EU’s principle to promote fair and free trade, and, therefore, provide for the EU to suspend GSP benefits in most serious cases of human rights violations on the basis of chapter V article 19 point 1 a) of the GSP regulation, which stipulates that preferential treatments may be withdrawn temporarily for [among others]: serious and systematic violation of principles laid down in the conventions listed in Part A of Annex VIII, including the eight ILO fundamental conventions;
Amendment 22 #
2017/2636(RSP)
Recital H
H. whereas the current minimum wage of 5 300 BDT (US $ 67) per month has not been increased since 2013 and continues to provide an income below the extreme poverty line set by the World Bank; whereas the minimum wage board has not been convened;
Amendment 25 #
2017/2636(RSP)
Recital I
I. whereas since 21st December 2016, following strikes and demonstrations by Bangladeshi garment workers seeking higher wages, the Bangladeshi authorities have arrested or detained at least 1435 unions leaders and worker rights advocatesadvocates, shut union and NGO offices and put them under police surveillance, and suspended or dismissed 1600 workers for protesting the low wages in the garment industry;
Amendment 27 #
2017/2636(RSP)
Recital K
K. whereas a number of promising initiatives led by a collaboration between labour and the private sector such as the Bangladesh Accord on Fire and Building Safety (the Accord) have contributed positively to improving supply chain standards and workforce safety over the last 20 years in terms of increasing workers’ rights in the garment supply chain;
Amendment 31 #
2017/2636(RSP)
Recital L
L. whereas the conclusions of successive reviews of the Compact in 2014, 2015 and 2016 are reporting tangible improvements achieved by the Bangladeshi authorities, and are recognizinge the contribution of the Compact in improving health and safety in factories and working conditions in the RMG industry; whereas progress relating to worker’s rights has been more challenging and no substantial progress has been witnessed for the last months in this area;
Amendment 33 #
2017/2636(RSP)
Recital L a (new)
L a. Whereas the ILO has indicated that Bangladesh has made no tangible progress in amending the Bangladesh Labour Act of 2006 and adopted Implementing Rules which create obstacles to the exercise of freedom of association; whereas workers in the garment sector continue to face serious obstacles in registering trade unions; whereas workers have been dismissed for trade union activity without recourse and without sanction of any kind for the employer; whereas workers have been repeatedly subjected to acts of violence, including murder, for exercising trade union activities; and whereas workers in Export Processing Zones have been denied the right to join trade unions;
Amendment 36 #
2017/2636(RSP)
Paragraph 1
1. Stresses that despite the impressive track record on growth and developgrowth experimented in recent years, Bangladesh needs to urgently do sizable efforts over the long run in order to achieve sustainable and more inclusive economic growth; underlines that structural reforms leading to increase of productivity, further diversification of exports , social justice, workers' rights, environmental protectionand fight against corruption would be essential in this sense;
Amendment 38 #
2017/2636(RSP)
Paragraph 2
2. Calls on the Government of Bangladesh (GOB) to enhance its level of engagement to improve safety and working conditions and protect workers’ rights in garment sector as a matter of highest priority, to enhance implementation of legislation on building and factory safety; to continue to raise government funding for labour inspectorate, to continue to recruit and to train more factory inspectors, to provide for conditions to lower the turnover of labour inspectors, to set-up an annual work plan for follow-up inspections of factories subject to remediation and to enlarge building and factory inspections to other sectors;
Amendment 39 #
2017/2636(RSP)
Paragraph 4 a (new)
4 a. urges the Government of Bangladesh to instate immediately the minimum wage board and institute a shorter frequency of wage review;
Amendment 42 #
2017/2636(RSP)
Paragraph 5
5. Calls on the international brands/retailers and Bangladeshi private sector to stay engaged in order to promote over the long runrespect the labor laws and to promote responsible business practices andincluding decent working conditions for Bangladeshi garment workers and facilitate transparent and coordinated mechanisms between relevant initiativeinformation on which factories are producing the goods; encourages the continuation of the work of the global retailers and brands to adopt a unified code of conduct for factory audit in Bangladesh;
Amendment 47 #
2017/2636(RSP)
Paragraph 8 a (new)
8 a. Calls on the EU to initiate an investigation under the GSP mechanism as a way to ensure meaningful progress on workers’ rights, safety and working conditions, building and factory safety and labour inspections; calls on the EU to commence similar procedures regarding the amendment of 2013 Labour Act to address freedom of association and collective bargaining, promotion of social dialogue, non-arbitrary registration of trade unions, and effective investigation and prosecution of alleged anti-union discrimination, as well as the safeguard of labour legislative frameworks and their full compliance with international standards such as ILO conventions 87 and 89;
Amendment 51 #
2017/2636(RSP)
Paragraph 9
9. Supports the Commission's examination of a possible EU-wide initiative on the garment sector-voluntary initiatives and strict codes of conduct shall be its key principles; stresses furthermore that coordination, sharing information and exchange of best practices may contribute to increasing efficiency of private and public value chain initiatives and achiebut have proven to be insufficient to deliver positive enough results on sustainable development;
Amendment 57 #
2017/2636(RSP)
Paragraph 9 a (new)
9 a. supports the efforts of the UN open ended working group with the aim of elaborating a binding UN Treaty on business and human rights; calls upon the Commission and Member States to actively engage in this negotiations;
Amendment 31 #
2017/2193(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the importance of deepening relations between the EU and the Asia-Pacific Rejects the plans of a free trade agreement between N-Zealand and the EU since the EU's pregvion for economic growth within Europe and stresses that this is reflected in the EU’s trade policy; recognises that New Zealand is a key part of this strategy and that widening and deepening trade relationusly negotiated trade agreements show that the interest of large corporations and investors are prioritized over human rights, food safety, the environment, labour rights can help to meet this goald animal rights;
Amendment 49 #
2017/2193(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude, as soon as possible, its assessments of the potential impact of such a trade deal, with a view to being able to evaluate thoroughly evaluathe possible gains and losses from the enhancement of the EU- New Zealand trade and investment relationships, for the benefit of citizens and businesses on both sides, including in the outermost regions and the overseas countries and territories; calls on the Commission to also assess the potential impact of such trade deal on the environment and to assess the impact of this trade deal on the goals set in the Paris Climate Agreement and the UN Sustainable Development Goals;
Amendment 51 #
2017/2193(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude as soon as possible its assessments of the potential impact of such a trade deal, with a view to being able to thoroughly evaluate possible gains and losses from the enhancement of the EU- New Zealand trade and investment relationships, for the benefit of citizens and businesses on both sides, including in the outermost regions and the overseas countries and territories; asks the Commission to make sure all relevant stakeholders are heard in the process of making the assessment;
Amendment 54 #
2017/2193(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude as soon as possible its assessments of the potential impact of such a trade deal, with a view to being able to thoroughly evaluate possible gains and losses from the enhancement of the EU- New Zealand trade and investment relationships, for the benefit of citizens and businesses on both sides, including in the outermost regions and the overseas countries and territories; calls on the Commission to make this assessment publicly available;
Amendment 70 #
2017/2193(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Rejects any system that prioritises investors's interests over people's interests;therefore calls on the Commission not to include an Investment Court System in the agreement and rejects the idea to have a separate agreement on Investment Protection;
Amendment 71 #
2017/2193(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission, when presenting the finalised agreements for signature and conclusion, and on the Council, when deciding on signature and conclusion, to fully respect the distribution of competences between the EU and its Member Statesacknowledge that trade agreements are far-reaching agreements for many sectors and democratic scrutiny in the process is of utmost importance; therefore asks the Commission to ensure the whole agreement will be a mixed agreement;
Amendment 80 #
2017/2193(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to conduct negotiations as transparently as possible and fully respect best practice as established in other negotiationsby ensuring all negotiating documents will be made publicly available; requests that the Council make the negotiating mandate public;
Amendment 83 #
2017/2193(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that an FTA must lead to genuine market openness, and trade facilitation on the ground; and may never lead to lower standards on food safety, labour rights, environmental rules and animal welfare, and should ensure the regulatory freedom to enhance standards; also stresses that this free trade deal should not lead to any increase of CO2 emissions;
Amendment 99 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point a
Paragraph 14 – point a
a) Real market access opportunities for both sides to each other’s goods and services market through the elimination of regulatory barriers: nothing in the agreement, however, should prevent either side from regulating to achieve legitimate policy objectives; rejects the inclusion of any standstill or ratchet clauses on services that would severely limit the right to regulate of Member States; considering, in this respect, that no EU trade agreement has ever privatised public services, such as water, education, health and social services, nor decreased our high European health, food, consumer, environmental, labour and safety standards, nor constrained public funding of the arts and culture, education, and health and social services;
Amendment 100 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point a
Paragraph 14 – point a
a) Real market access opportunities for both sides to each other’s goods and services market through the elimination of regulatory barriers: nothing in the agreement, however, should prevent either side from regulating to achieve legitimate policy objectives; therefore safeguards for public services and services of general interest should be part of the agreement; considering, in this respect, that no EU trade agreement has ever privatised public services, such as water, education, health and social services, nor decreased our high European health, food, consumer, environmental, labour and safety standards, nor constrained public funding of the arts and culture, education, and health and social services;
Amendment 114 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point b
Paragraph 14 – point b
b) The reduction of non-tariff barriers and the strengthening and extension of regulatory cooperation dialogues with binding disciplines to improve respect for international standards and regulatory harmonisation, regulatory harmonisation in particular through the adoption and implementation of the standards set by the UN Economic Commission for Europe (UNECE); is of the opinion that regulatory cooperation, as formulated in previously negotiated free trade agreements, is a danger to our democratic system, asks the Commission to make sure regulatory cooperation in this agreement is subject to full transparency by making particular through the adoption and implementation of the standards set by the UN Economic Commission for Europe (UNECE)ublicly available the minutes of every meeting including all names of attendees and the organisations they represent; also asks the Commission to ensure balance of stakeholders taking part in the meeting by ensuring civil society organizations like trade unions, environmental organizations and consumer organizations and business representatives have equal access to these meetings;
Amendment 120 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point d
Paragraph 14 – point d
d) A separate chapter taking into account the needs and interests of SMEs with regard to market access facilitation issues in order to generate concrete business opportunities; ensure protection of EU small and medium sized service providers from unfair trading practices from service providers from outside the EU, for example by an article ensuring strict supervisory authorities and competition authorities; this article should at least contain the GATS Art. IX on 'Business practices';
Amendment 148 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point g a (new)
Paragraph 14 – point g a (new)
g a) An ambitious Sustainable Development chapter that should include standstill clauses setting a minimum level for social, environmental and (food) safety standards, including animal health and welfare;this chapter should also include enforceable anti-corruption and whistle-blower protection provisions;asks the Commission to include effective enforcement mechanisms with the possibility of sanctions in case the commitments in this chapter are not met;
Amendment 24 #
2017/2192(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the importance of deepening relations between the EU and the Asia-Pacific Rejects the plans of a free trade agreement between Australia and the EU since the EU's pregvion for economic growth within Europe and stresses that this is reflected in the EU’s trade policy; recognises that Australia is a key part of this strategy and that widening and deepening trade relationusly negotiated trade agreements show that the interest of large corporations and investors are prioritized over human rights, food safety, the environment, labour rights can help to meet this goald animal rights;
Amendment 41 #
2017/2192(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude, as soon as possible, its assessments of the potential impact of such a trade deal, with a view to being able to evaluate thoroughly the possible gains and losses from the enhancement of the EU- Australia trade and investment relationships, for the benefit of citizens and businesses on both sides, including in the outermost regions and the overseas countries and territories; calls on the Commission to also assess the potential impact of such trade deal on the environment and to assess the impact of this trade deal on the goals set in the Paris Climate Agreement and the UN Sustainable Development Goals;
Amendment 44 #
2017/2192(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude, as soon as possible, its assessments of the potential impact of such a trade deal, with a view to being able to evaluate thoroughly the possible gains and losses from the enhancement of the EU- Australia trade and investment relationships, for the benefit of citizens and businesses on both sides, including in the outermost regions and the overseas countries and territories; asks the Commission to make sure all relevant stakeholders are heard in the process of making the assessment;
Amendment 46 #
2017/2192(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude, as soon as possible, its assessments of the potential impact of such a trade deal, with a view to being able to evaluate thoroughly the possible gains and losses from the enhancement of the EU- Australia trade and investment relationships, for the benefit of citizens and businesses on both sides, including in the outermost regions and the overseas countries and territories; calls on the Commission to make this assessment publicly available;
Amendment 64 #
2017/2192(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Rejects any system that prioritises corporate interests over people's interests;therefore calls on the Commission not to include an Investment Court System in the agreement and rejects the idea to have a separate agreement on investment protection;
Amendment 65 #
2017/2192(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission, when presenting the finalised agreements for signature and conclusion, and on the Council, when deciding on signature and conclusion, to fully respect the distribution of competences between the EU and its Member Statesacknowledge that trade agreements are far-reaching agreements for many sectors and democratic scrutiny in the process is of utmost importance; therefore asks the Commission to ensure the whole agreement will be a mixed agreement;
Amendment 75 #
2017/2192(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to conduct negotiations as transparently as possible and fully respecting best practice as established in other negotiationsby ensuring all negotiating documents will be made publicly available; requests that the Council make the negotiating mandate public;
Amendment 78 #
2017/2192(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that an FTA must lead to genuine market openness, and trade facilitation on the ground; and may never lead to lower standards on food safety, labour rights, environmental rules and animal welfare, and should ensure the regulatory freedom to enhance standards; also stresses that this free trade deal should not lead to any increase of CO2 emissions;
Amendment 96 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point a
Paragraph 14 – point a
a) Real market access opportunities for both sides to each other’s goods and services market through the elimination of regulatory barriers: nothing in the agreement, however, should prevent either side from regulating to achieve legitimate policy objectives;rejects the inclusion of any standstill or ratchet clauses on services that would severely limit the right to regulate of Member States; considering, in this respect, that no EU trade agreement has ever privatised public services, such as water, education, health and social services, nor decreased our high European health, food, consumer, environmental, labour and safety standards, nor constrained public funding of the arts and culture, education, and health and social services;
Amendment 97 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point a
Paragraph 14 – point a
a) Real market access opportunities for both sides to each other’s goods and services market through the elimination of regulatory barriers: nothing in the agreement, however, should prevent either side from regulating to achieve legitimate policy objectives;therefore safeguards for public services and services of general interest should be part of the agreement; considering, in this respect, that no EU trade agreement has ever privatised public services, such as water, education, health and social services, nor decreased our high European health, food, consumer, environmental, labour and safety standards, nor constrained public funding of the arts and culture, education, and health and social services;
Amendment 112 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point b
Paragraph 14 – point b
b) The reduction of non-tariff barriers and the strengthening and extension of regulatory cooperation dialogues with binding disciplines to improve respect for international standards and regulatory harmonisation, in particular through the adoption and implementation of the standards set by the UN Economic Commission for Europe (UNECE); is of the opinion that regulatory cooperation, as formulated in previously negotiated free trade agreements, is a danger to our democratic system, asks the Commission to make sure regulatory cooperation in this agreement is subject to full transparency by making publicly available the minutes of every meeting including all names of attendees and the organisations they represent; also asks the Commission to ensure balance of stakeholders taking part in the meeting by ensuring civil society organizations like trade unions, environmental organizations and consumer organizations and business representatives have equal access to these meetings;
Amendment 114 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point b
Paragraph 14 – point b
b) The reduction of non-tariff barriers and the strengthening and extension of regulatory cooperation dialogues with binding disciplines to improve respect for international standards and regulatory harmonisation, in particular through the adoption and implementation of the standards set by the UN Economic Commission for Europe (UNECE); notes however the differences in regulations and standards between the EU and Australia on many sensitive issues, for example cloning and the use of growth hormones in agriculture, therefore calls on the Commission to set up a list of sensitive issues which are excluded from the regulatory cooperation framework;
Amendment 120 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point d
Paragraph 14 – point d
d) A separate chapter taking into account the needs and interests of SMEs with regard to market access facilitation issues in order to generate concrete business opportunities; ensure protection of EU small and medium sized service providers from unfair trading practices from service providers from outside the EU, for example by an article ensuring strict supervisory authorities and competition authorities; this article should at least contain the GATS Art. IX on 'Business practices'.
Amendment 151 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point g a (new)
Paragraph 14 – point g a (new)
g a) An ambitious Sustainable Development chapter that should include standstill clauses setting a minimum level for social, environmental and (food) safety standards, including animal health and welfare;this chapter should also include enforceable anti-corruption and whistle-blower protection provisions;asks the Commission to include effective enforcement mechanisms with the possibility of sanctions in case the commitments in this chapter are not met;
Amendment 1 #
2017/2028(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that corruption is inextricably linked to harm to human rights, equality, social justice and the environment and urges the Commission to take into consideration this link in all the anti-corruption provisions in trade agreements; consequently calls for the inclusion in trade agreements of binding human rights clauses ensuring that private companies, including transnational corporations, respect human rights and the highest social and environmental standards;
Amendment 16 #
2017/2028(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that trade agreements should be seen as a key mechanism for promoting anti-corruption measures and good governance; calls for such agreements to include commitments to multilateral anti-corruption conventions in all trade deals; regrets that trade agreements, when increasing inequality, can consequently provoke corruption;
Amendment 39 #
2017/2028(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for enhanced transparency obligations for companies as a way to address corruption; underlines the importance of tackling money laundering, tax fraud and tax avoidance in trade agreements, by way of effective measures such as compulsory country-by-country reporting and disclosure of beneficial ownership of companies, trusts or holdings in order to prevent tax base erosion, loss of revenue, and strengthen state building and democratic governance;
Amendment 42 #
2017/2028(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that EU trade partners lose benefits granted by trade agreements where they fail to comply with anti- corruption commitments or with international standards in the field of anti-corruption; cCalls on the Commission to set clear and relevant conditions and performance indicators allowing better assessment and demonstration of results; calls, furthermore, on the Commission to respond firmly, proportionally and quickly where the beneficiary government shows insufficient commitment to comply with what has been agreed.
Amendment 201 #
2017/0224(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Considering the fact that several Member States have questioned the legal basis of the proposal for a regulation within the Council, since the exclusive competence with respect to the common commercial policy to which the Commission refers may be in conflict with the Member States’ competence regarding national security, public order and possibly other areas, the European Parliament urges to justify the legal base for the proposal, and respond to the question and concerns raised by the Member States appropriately.
Amendment 212 #
2017/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'screening' means a procedure allowing to assess, investigate, authorise, condition, prohibit foreign direct investments; We should have in mind that only Member States have the unique authority to investigate, authorise, prohibit or unwind a foreign direct investments;.
Amendment 215 #
2017/0224(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States may maintain, amend or adopt mechanisms to screenassess foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulationir own territory on the grounds of national interest, security or public order, or environmental standards and social risks, under the conditions and in accordance with the terms set out in this Regulation. Nationalisation shall be considered a means to employ when job losses, environmental standards and social conditions are at stake.
Amendment 323 #
2017/0224(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. No Member State shall be obliged to supply information especially when it considers its disclosure contrary to its essential national interests.
Amendment 5 #
2016/2301(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
Amendment 6 #
2016/2301(INI)
Motion for a resolution
Citation 25 b (new)
Citation 25 b (new)
- having regard the new ILO Protocol on Forced Labour,
Amendment 19 #
2016/2301(INI)
Motion for a resolution
Recital B
Recital B
B. whereas global value chains (GVCs) have become a key feature of today’s global economy; whereas, on the one hand, GVCs offer new prospects for growth, development and jobs, but on the other hand, their complex nature, lack of transparency and dilution of liabilities has led to a higher risk of human and labour rights violations, factual impunity for environmental crimes, and large scale tax avoidance and fraught;
Amendment 28 #
2016/2301(INI)
Motion for a resolution
Recital C
Recital C
C. whereas EU trade policy must strengthen Europe’s place in a system of fair global supply chains, but must also be a tool with which to establish clear rules and liabilities for governments and multinational companies (MNCs) in order to ensure compliance with the UN Sustainable Development Goals;
Amendment 41 #
2016/2301(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the European Parliament considers social dumping as a conscious strategy involving the lowering of wage and employment standards, driven by companies seeking to gain a competitive advantage over other market participants;
Amendment 42 #
2016/2301(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas according to the ILO, 21 million people in the world are victims of forced labour, many of them exploited in GVCs; whereas forced labour in the private economy generates US$ 150 billion in illegal profits per year;
Amendment 49 #
2016/2301(INI)
Motion for a resolution
Recital G
Recital G
G. whereas most, but not all, recently concluded EU trade and investment agreements contain trade and sustainable development (TSD) chapters; whereas the example of the EU's FTA with South Korea has shown that the dialogue- centred approach was not sufficient to address severe violations of the freedom of association, and to protect workers fighting for their rights in trade unions from state persecution;
Amendment 91 #
2016/2301(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas in the recent Commission Reflection Paper on Harnessing Globalisation the Commission acknowledges that Europe must act in order to more fairly share the benefits of globalisation in line with the principles of solidarity and sustainability
Amendment 95 #
2016/2301(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Notes that the current European trade policy has not led to increased equality worldwide; urges the Commission to work towards a trade policy that first and foremost benefits people and workers by improving the labour, environmental and food safety standards; therefore urges the Commission to stop prioritising investors’ rights over people’s rights;
Amendment 106 #
2016/2301(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to actively promote further reforms of the WTO in order to define and enforce multilateral rules for the sustainable management of GVCs; Calls on the Commission to establish within the WTO a group of "very good friend of labour and environmental standards" in order to promote an agreement tackling social and environmental dumping along GVCs also within the framework of the WTO;
Amendment 113 #
2016/2301(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that international binding rules for Multi National Companies (MNCs) are necessary; Welcomes the ongoing negotiations on a binding UN Treaty for Transnational Corporations and Human Rights; calls for the EUuropean Commission and Member States to engage constructively in these negotiations and to put all its efforts into achieving a positive result;
Amendment 124 #
2016/2301(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
States that voluntary corporate social responsibility and self-regulatory mechanisms have in too many situations not led to a sufficient due diligence policy of MNCs and a proactive identification and mitigation of human rights and environmental risks;
Amendment 153 #
2016/2301(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that CSR policies should take into account the special characteristics of micro- and small enterprises; stresses that successfully and broadly implemented aspects of CSR should be made binding in order to protect responsible companies from unfair competitors;
Amendment 160 #
2016/2301(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the current public procurement directive makes it possible to set up social and environmental criteria; urges the Commission to update the public procurement directive from voluntary to binding obligations on environmental and social standards;
Amendment 161 #
2016/2301(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that the Commission and other EU institutions could by their public procurement policies have a major influence on the CSR behaviour of companies and other private partners; urges these institutions to lead by example and to implement a sustainable procurement policy in which they only offer service and product contracts to tenders with the highest environmental and social standards;
Amendment 169 #
2016/2301(INI)
Motion for a resolution
Paragraph 9 – point a
Paragraph 9 – point a
a) implementing fully Parliament’s recommendations of 2010 and 2016 with respect to TSD chapters in FTAs, including by developing an upgraded TSD chapter model with binding and enforceable provisions and sanctions in case these provisions are not met;
Amendment 185 #
2016/2301(INI)
Motion for a resolution
Paragraph 9 – point c
Paragraph 9 – point c
c) including standstill clauses fixing a minimum level for social, food safety, environmental and safety standards in all EU FTAs;
Amendment 194 #
2016/2301(INI)
Motion for a resolution
Paragraph 9 – point e
Paragraph 9 – point e
e) supplementing all these provisions with supporting measures for developing countries and rigorously monitoring their implementation in conjunction with the national parliaments and civil society and including complaint and appeal procedures;
Amendment 260 #
2016/2301(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its call for the strengthening of import and supply chain controls to ensure that only child labour- free products enter the EU market; Emphasizes against this background that the aim of child labour free products could only be achieved if this goes hand in hand with the establishment of minimum living wages of the child’s family members;;
Amendment 268 #
2016/2301(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that GVCs are an opportunity for firms in developing countries to develop a link with the global economy; stresses that complementary policies and accompanying measures are key to making this a reality; States that the application of the current GSP and GSP+, without binding rules on MNCs on human and labour rights and environmental protection, favours especially the MNCs and does not automatically lead to a higher welfare position of the country’s average citizens;
Amendment 281 #
2016/2301(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expects the GSP mid-term review to clarify definitions and include additional tariff preferences for sustainably produced products; Calls for special attention towards the Export Processing Zones where labour rights and trade unions rights are often violated; urges the Commission in close cooperation with the ILO to address this issue in the review of GSP;
Amendment 16 #
2016/2140(INI)
Draft opinion
Recital C
Recital C
C. whereas all recently concluded EU free trade agreements include ‘'Trade and sustainable development’ chapte' chapters; whereas such chapters haven´t stop bad practices or human rights abuses and lack binding obligations relating to multinational environmental and labour agreements, specific provisions on human rights and obligations for foreign investors;
Amendment 41 #
2016/2140(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to take into account the special needs of SMEs and base its approach on the scalability principle by supporting them in their fulfilment of OECD Guidelines requirements;
Amendment 44 #
2016/2140(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that thenot only traceability and, but also transparency of the supply chain is the key to achieving sustained change; recommends that trustworthy, clear and meaningful information on sustainability be made available to consumers; stresses that only binding transparency provisions can set up a level playing field which ensures a fair competition between business avoiding social dumping;
Amendment 49 #
2016/2140(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the inclusion in the garment initiative of the obligation for EU companies ensure that fundamental labour rights are respected in supply chains trough the introduction of mandatory due diligence aligned with OECD Guidelines as well as a reporting system with, inter alia, information concerning the list of suppliers as well as of the actions adopted to ensure respect for human rights together with progress reports concerning their implementation and effectiveness;
Amendment 56 #
2016/2140(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the development of industrial relations and collective bargaining and the establishment of easy- to-access and effective non-judicial grievances mechanisms, according to internationally agreed standardt the national level to complement judicial avenues for redress, in line with the framework developed by the UN special representative on business and human rights, are among the main guarantees for the proper respect of labour standards and human rights in supplier countries;
Amendment 58 #
2016/2140(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the EU and Members states to support the work of the UN's Human Rights Council and of the UNEP on an international treaty that would also improve the effectiveness of corporate social responsibility in the garment sector;
Amendment 40 #
2016/2076(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is worried that Commissioner Malmström intends to address wildlife issues only via free trade agreements, as is clear from the Trade4All document; calls on the Commission to organise the fight against wildlife trafficking through a broad range of trade measures;
Amendment 43 #
2016/2076(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recognises that China plays an important role in wildlife trafficking, mainly as a sales market; calls on the Commission to take this into account in its trade relations with China;
Amendment 6 #
2016/2054(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the outcomes of the Hanoi Conference on Illegal Wildlife Trade
Amendment 17 #
2016/2054(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas wildlife cybercrime poses a serious threat to endangered wildlife species, including elephants, rhinos, reptiles, birds and giraffes
Amendment 29 #
2016/2054(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly supports, therefore, an approach towards wildlife issues that not only upholds the environmental protection objectives of the EU and its trading partners but also allows for the creation of sustainable and legal frameworks that strengthen the positive contribution of trade policy to sustainable development;
Amendment 32 #
2016/2054(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that only an integrated approach to wildlife crime can ultimately be successful in curtailing and eliminating the illegal trade, and that the EU must lead efforts in tackling not only supply-side issues, including development issues on the ground in third countries, but also demand for illegal products in domestic markets;, including online platforms.
Amendment 70 #
2016/2054(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Encourages the Commission to take notice of the US provisions to make it an offence to trade in species taken in violation of the national legislation of third countries.
Amendment 80 #
2016/2054(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the importance of making the commitments of trade and sustainable development chapters enforceable by submitting them to judicial scrutiny.
Amendment 10 #
2016/0351(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the WTO, it is appropriate that, for those countries, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this Regulation. In the case of countries acting as non-market economy countries which are Members of the WTO or which are, at the date of initiation, are not Members of the WTO and listed in Annex I of Regulation (EU) 2015/7552 , norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to establishing whether or not any WTO Member is a market economy. This Regulation should be in accordance with the Union's obligations under international law, including the United Nations Sustainable Development Goals. _________________ 2 Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
Amendment 38 #
2016/0351(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is further appropriate to recall that, with respect to the methodology used in the original investigation and to be used in the review investigation, Article 11(9) of Regulation (EU) 2016/1036 applies. In this context, it is appropriate to clarify that, when examining whether there is an indication that circumstances have changed, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. Furthermore relevant free trade agreements with countries whose economy is entrenched with the report country, should be taken account of in the determination of anti- dumping and anti-subsidy measures.
Amendment 54 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point a
Article 2 – paragraph 6a – point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy, the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant cost data are readily available, and with sufficient level of social and environmental standards, provided the relevant data are readily available including Union costs of production and sale when appropriate. Indirect environmental costs such as CO2 emissions shall be taken into account and estimated as a rate of the total cost for the same amount in the Union; in case of no cooperation from the exporting country, the maximal cost will be applied. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 73 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions affecting to a considerable extent fairness of competition for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported prices or costs, including taxes and the costs of raw materials, are not the result of free market forces as they are affected by government interventionprimary and secondary raw materials, and labour, and the observation of environmental obligations are affected by government intervention for the purpose of unfair level playing field. In considering whether or not significant distortions exist regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectiveinterference of the state with respect to prices or costs.
Amendment 93 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) WThen appropriate, the Commission services may issue a report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector Commission issues reports, on its own initiative or at the request of a sector industry, a trade union or NGO's, and keeps them updated, describing the specific situation concerning practices of economic, tax, social and environmental dumping in trade partner countries of the European Union, or certain relevant sectors. The Commission shall review its reports at least every two years. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties, including trade unions and SME's shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into account all of the relevant evidence on the file.
Amendment 106 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1037
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry and trade unions may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. If there is no report yet available, the Commission shall investigate the complaint in accordance with the relevant articles of this Regulation.
Amendment 117 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1037
Article 2 – paragraph 7 – subparagraph 1
Article 2 – paragraph 7 – subparagraph 1
In the case of imports from countries which are, at the date of initiation, countries acting as non-market economies, including countries that are not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determined on the basis of the price or constructed value in a market economy thirdn appropriate and similar representative country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin. In case of relevant free trade agreements with countries whose economy is entrenched with the report country, should be taken account of in the determination of anti-dumping and anti- subsidy measures.
Amendment 125 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1037
Article 2 – paragraph 7 – subparagraph 2
Article 2 – paragraph 7 – subparagraph 2
An appropriate market economy thirdrepresentative country with a similar level of economic development as the exporting country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used.
Amendment 129 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1037
Article 2 – paragraph 7 – subparagraph 3
Article 2 – paragraph 7 – subparagraph 3
The parties to the investigation shall be informed shortly after its initiation of the market economy third country envisaged and shall be given 10 days to commentappropriate representative country with a similar level of economic development as the exporting country envisaged and shall be given 10 days to comment. The Commission shall also take into account the level of cooperation of the country of origin or export during the investigation and in the case of no cooperation from the exporting country, the maximum cost shall be applied.
Amendment 17 #
2016/0308(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 218(8) of the Treaty on the Functioning of the European Union stipulates that the association agreement cannot be ratified because on 6 April 2016 the Dutch people rejected it in a referendum, with 61% of voters voting against it, and the Netherlands Government ought to respect this result.
Amendment 62 #
2016/0295(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Considering the emergence of new categories of dual-use items, and in response to calls from the European Parliament and indications that certain cyber-surveillance technologies exported from the Union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression, it is appropriate to control the export of those technologies in order to protect public security as well as public morals. These measures should not go beyond what is proportionate. They should, in particular, not prevent the export of information and communication technology used for legitimate purposes, including law enforcement and internet security research. The Commission, in close consultations with the Member States and stakeholders, will develop guidelines to support the practical applications of those controls.
Amendment 77 #
2016/0295(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) With the entry into force of the Lisbon Treaty, it has been clarified that the supply of technical assistance services involving a cross-border movement falls under Union competence. It is therefore appropriate to clarify the controls applicable to technical assistance services, and to introduce a definition of those services. For reasons of effectiveness and consistency, controls prior ton the supply of technical assistance services should be harmonised and apply also in order to prevent acts of terrorism and human rights violations.
Amendment 93 #
2016/0295(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) It is desirable to achieve a uniform and consistent application of controls throughout the Union in order to promote Union and international security and to provide a level playing field for EU exporters. It is therefore appropriate, in accordance with the EU WMD Strategy, to broaden the scope of consultation and information exchange between the Member States and the Commission before an authorisation has been granted, and to introduce tools to support the development of a common export control network throughout the Union, such as electronic licensing procedures, technical expert groups and the setting up of an enforcement coordination mechanism. While customs authorities share certain information with other customs authorities using risk management system in accordance with Union customs rules, it is also appropriate to ensure close cooperation between licensing and customs authorities .
Amendment 130 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 141 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – introductory part
Article 2 – paragraph 1 – point 21 – introductory part
21. 'cyber-surveillance technology' shall mean itemshardware, software and any other items which can be used for surveillance purposes or are specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, extracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment:
Amendment 148 #
2016/0295(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point e
Article 2 – paragraph 1 – point 21 – point e
(e) digital forensics; including devices for the de-codification of encryption, the recovery of hard disks, the circumvention of passwords and the analysis of biometric data.
Amendment 165 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) for use in a territory or a country which is under occupation as recognised so under international law
Amendment 168 #
2016/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) for use by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression in the country of final destination, as identified by relevant public international institutions, or European or national competent authorities, and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end-user;
Amendment 212 #
2016/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The transit of non-Union dual-use items may be prohibited at any time by the competent authority of the Member State where the items are situated or where the transit occurs, if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
Amendment 232 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point b
Article 10 – paragraph 1 – subparagraph 1 – point b
(b) global export authorisation, including global export authorisation for large projectszation;
Amendment 236 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for one year, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determined by the competent authority.
Amendment 242 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for one year, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determin3 years and may be renewed by the competent authority.
Amendment 249 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Global export authorisations shall be subject to the implementation, by the exporter, of an effective internal compliance programme prior to export taking place. The exporter shall also report to the competent authority, at least once a year, on the use of this authorisation; the report shall include at least the following information:
Amendment 255 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d
Article 10 – paragraph 4 – subparagraph 3 – point d
(d) where known, the end-use and end- user of the dual-use items.
Amendment 261 #
2016/0295(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) not be used if the exporter has grounds to suspect, is aware or has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4 1 , or if the exporter is aware that the items are intended for the abovementioned uses.
Amendment 270 #
2016/0295(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) respect for human rights and fundamental freedoms in the country of final destination as well as respect by that country of international humanitarian law;
Amendment 274 #
2016/0295(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d – indent 1 (new)
Article 14 – paragraph 1 – point d – indent 1 (new)
– use in territories under occupation which are recognised as such under international law;
Amendment 340 #
2016/0295(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) where known, the end-use and end- user of the dual-use items.
Amendment 348 #
2016/0295(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 – point b
Article 27 – paragraph 2 – subparagraph 1 – point b
(b) to enablguarantee the post-shipment verification of exports in third countries;
Amendment 4 #
2016/0205(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDeclines to gives its consent to conclusion of the agreement;
Amendment 28 #
2016/0000(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the European Commission to take into account that ETS is failing to put in place the right incentive towards a renewable energy transition;
Amendment 35 #
2016/0000(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to give priority to renewable energy sources and technologies with the least damaging effects on the environment, and biodiversity and human rights, capitalising on the advantage of a specific geographical and climate situation to secure a beneficial outcome; urges Member States to prioritise the interconnection of the electricity grid with neighbouring countries, and modernize the grid where necessary to guarantee they are fit for renewables;
Amendment 61 #
2016/0000(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Expresses concern at the fact that progress has slowed in meeting the EU’s 10% target for renewable energy use in the transport sector (especially shipping and aviation) and draws attention to the importance of reaching that goal from the point of view of lowering greenhouse gas emission levels and reducing EU dependency on imported energy; calls on the Commission to promote a legislative framework offering prospects for advanced biofuels in the period after 2020 and, by providing an appropriate incentive to their use, to help open up ‘green’ jobs while averting adverse effects of indirect land- use change;
Amendment 91 #
2016/0000(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Calls on the Commission to respect the competence of Member States to decide over their own energy mix, while encouraging cooperation between Member States to learn from best- practices;
Amendment 12 #
2015/2233(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Article 8 on the right to Protection of personal data of the Charter of Fundamental Rights of the European Union,
Amendment 13 #
2015/2233(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Principle of Coherence for Development as stated on the Treaty on the Functioning of the European Union,
Amendment 14 #
2015/2233(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution on the General Agreement on Trade in Services (GATS) within the WTO, including cultural diversity, adopted on 12 March 2003,
Amendment 15 #
2015/2233(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution on 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water,
Amendment 66 #
2015/2233(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the general EU public is confronted with a big lack of transparency in the TiSA negotiations since the Commission has only made a couple of documents public; whereas the European Commission has published less about the TiSA negotiations than they did for negotiations about trade agreements like TTIP or CETA; whereas Commissioner Malmstrom stated that the transparency model used in the TTIP negotiations would be implemented for all negotiations for trade agreements;
Amendment 77 #
2015/2233(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas not all negotiating countries have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;
Amendment 85 #
2015/2233(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there is a growing public concern about the consequences of TiSA and other free trade agreements, which resulted in the 3.2 million signatures that are collected by the European Initiative against TTIP and CETA;
Amendment 114 #
2015/2233(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the position of the corporate lobby and their influence on the negotiations is not necessarily in agreement with the interests of European citizens and their rights; whereas the corporate lobby seems to have more influence on the negotiation process than civil society;
Amendment 151 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point i a (new)
Paragraph 1 – point a – point i a (new)
ia. Calls on the Commission to stop the negotiations for a TiSA agreements since an agreement like this will endanger EU services standards, public services for EU citizens and the right to regulate of Member States;
Amendment 165 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point ii b (new)
Paragraph 1 – point a – point ii b (new)
Iib. to guarantee that decisions and negotiations are taken as closely as possibly to the citizens and assure a consultation by the European Parliament;
Amendment 202 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point viii
Paragraph 1 – point a – point viii
viii. to publish aconduct an independent ex-ante sustainability impact assessment and, study on TiSA, during and once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;
Amendment 203 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point viii
Paragraph 1 – point a – point viii
viii. to publish a sustainability impact assessment and, once the negotiations are finalised, to update it accordinglywith the greatest urgency and involve the outcomes in the negotiations, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;
Amendment 228 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services and services of general interest, financial and cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;
Amendment 252 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments; calls on the Commission to oppose any type of standstill or ratchet clauses in the whole agreement the ensure the right to regulate of Member States;
Amendment 269 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
Amendment 272 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
vi. to take an ambi cautious approach in Mode 3 by seeking the removal of third-country barriers to establishment, such as foreign equity caps and joint venture requirementecause sectors like education, care and other primary needs should always be in public hands;
Amendment 319 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point xi b (new)
Paragraph 1 – point b – point xi b (new)
xib. to ensure that the agreement does not limit the policy space for national, regional and local governments to respond to negative liberalisation experiences and to meet democratic demands for re-regulation (including re- municipalisation);
Amendment 320 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point xi c (new)
Paragraph 1 – point b – point xi c (new)
xic. to ensure that the agreement includes a simplified withdrawal procedure;
Amendment 397 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
ii. to recall that Mode 4 commitments only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation and compelling with all ILO Core Standards and collective bargaining;
Amendment 411 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point iv a (new)
Paragraph 1 – point d – point iv a (new)
iva. to ensure that citizens will not be forced by the authorities or by medical insurance companies to receive medical treatment abroad, unless the medical treatment is not available in the home country;
Amendment 413 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point v
Paragraph 1 – point d – point v
Amendment 432 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. to exclude financial services from the TiSA negotiations;
Amendment 433 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point i b (new)
Paragraph 1 – point e – point i b (new)
ib. to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise any existing or future financial regulation, and that regulators retain the ability amongst others to authorise or deny any new financial product and to impose certain legal forms (e.g. restructuring requirements);
Amendment 439 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
iii. to replicate the GATSset a prudential carve- out so as tomechanism that allows parties to deviate from their trade commitments when this is necessary for prudential reasonsey judge that the financial stability is at stake; to take into account that GATS prudential carve-out wording did not allow enough flexibility to be enforceable;
Amendment 469 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point ii
Paragraph 1 – point f – point ii
ii. to seek improved access to foreign markets and a reduction in anti- competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport servicebut to ensure the right to regulate all signatories, whereas regulation is needed to protect workers, environment and the privacy of citizens; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;
Amendment 482 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point f – point vi
Paragraph 1 – point f – point vi
vi. to strike the right balance between the liberalisation of the competitive postal sector and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation and to ensure the recognition of universal service obligations as defined by each partyimportance of public postal sector and to ensure universality of postal services;
Amendment 488 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point i
Paragraph 1 – point g – point i
i. to fully preserve European, national and local authorities’ right to regulate; calls on the Commission to make sure that the right to regulate is ensured in all negotiation documents, not only in the preamble;
Amendment 499 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point ii a (new)
Paragraph 1 – point g – point ii a (new)
iia. to ensure policy space to implement regulation for the protection of civil society;
Amendment 507 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point iii
Paragraph 1 – point g – point iii
iii. to recognise that the domestic regulation chapter is necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign companies, in particular when they apply for different types of permitsright to regulate should not be endangered by the domestic regulation chapter; and reject the introduction of "necessity tests" for domestic regulation;
Amendment 520 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point v a (new)
Paragraph 1 – point g – point v a (new)
va. recalls the superiority of the European Human Charter on Human Rights over any international treaty and calls the European Court of Justice to effectively guaranty this juridical supremacy;
Amendment 529 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point g – point ix
Paragraph 1 – point g – point ix
ix. to maintain the EU practice of carrying out public consultations prior to legislative proposals; to ensure that the outcomes of these consultations will be observed closely during the negotiations;
Amendment 536 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point x a (new)
Paragraph 1 – point x a (new)
xa. to ensure that universal service is safeguarded, so that for instance people living in remote regions, border areas, islands or mountainous areas enjoy the same standard service and do not pay more that people living in urban areas;
Amendment 552 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point h – point ii a (new)
Paragraph 1 – point h – point ii a (new)
iia. to ensure protection of EU small and medium sized service providers from unfair trading practices from services providers from outside the EU. For example by an article ensuring strict supervisory authorities and competition authorities. This article should at least contain the GATS Art. IX on 'Business practices'.
Amendment 558 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point h – point iii a (new)
Paragraph 1 – point h – point iii a (new)
iiia. to acknowledge that TiSA will be a danger for workers’ rights in Europe since some of the negotiating countries haven't ratified the core labour standards of the ILO; ensure that all signatories of the TiSA agreement have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;
Amendment 582 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process; to ensure that the negotiators allow equitable access and engagement to all relevant stakeholders;
Amendment 587 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point v
Paragraph 1 – point i – point v
v. to encourage the Member States to involve their national parliaments and to keep them adequately informed about the ongoing negotiations; call on the Council to ensure that TiSA will be a mixed agreement;
Amendment 22 #
2015/2232(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Observes that energy-intensive industries must also contribute, and that a level playing field within the EU is very important in this context;
Amendment 30 #
2015/2232(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the Energy Efficiency Directive triggered many positive developments in the Member States, but that poor implementation is hindering its full potential; calls on Member States to take action to guarantee the effectiveness and the desired impact of the Directive on Energy Efficiency by adjusting implementation where necessary;
Amendment 42 #
2015/2232(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that the chief weakness of the existing Directive is that most of the measures will expire in 2020 unless the Directive is appropriately amended, which means, inter alia, that its main provisions, in particular Article 7, should be extended not only up to 2030, but also beyond, in which context the current Directive is to be assessed; notes furthermore the necessity of introducing a mid-term review in order to guarantee that the targets will be attained in 2030;
Amendment 62 #
2015/2232(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that a high discount rate would reflect the unrealistic assumption that cost- efficient investments in energy efficiency will not happen because of a number of obstacles, whereas it is the duty of political actors and industry itself to overcome obstacles to such investments;
Amendment 79 #
2015/2232(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that loopholes in the existing Directive, especially in Article 7, must be eliminated, while keeping flexibility for the Member States to choose among the measuresith due regard for the subsidiarity principle;
Amendment 96 #
2015/2232(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Proposes that the title of Article 7 be changed to ‘energy saving support schemes’ because there is no obligation to save energy for consumers and SMEs, but an obligation for Member States and/or utilities to give incentives. observes moreover that the greatest gains are to be made in energy-intensive industries and utilities, not among consumers;
Amendment 103 #
2015/2137(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urgently calls on the Commission and Member States to give priority to achieving the 2020 targets; calls for a multi- stakeholder approach and stresses the vital role of regional and local actors and their full participation in this regard; stresses that greater public awareness of and support for biodiversity are also essential;
Amendment 125 #
2015/2137(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to improve the guidelines, which should facilitate the optimal application of the directives, in accordance with existing case-law; calls on the Commission to give higher priority to dialogue with Member States and relevant stakeholders, especially land owners and practical operators, and to encourage exchanges of best practices;
Amendment 5 #
2015/2112(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the UNEP Adaptation Gap Report 2014;
Amendment 21 #
2015/2112(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Adaptation Gap 2014 Report produced by UNEP highlights the enormous costs of inaction and concludes that the cost of adapting to climate change in developing countries is likely to reach two to three times the previous estimates of $70-100 billion per year by 2050, leading to a significant adaptation funding gap after 2020 unless new and additional finance for adaptation is made available;
Amendment 68 #
2015/2112(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Warns against aiming for global emission reduction pathways that allow for significant carbon emissions in 2050 and beyond, as this would imply great risks and relying on unproven, energy intensive and costly technologies to remove and store CO2 from the atmosphere; depending on the level of the overshoot, the ability of such emissions pathways to maintain climate change below 2°C depends on the availability and widespread deployment of biomass to energy with carbon capture and storage (BECCS) and afforestation without plausible land availability, as well as the use of other unknown, yet to be developed, carbon dioxide removal (CDR) technologies;
Amendment 127 #
2015/2112(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for governments and institutional investors to divest from fossil fuels and, as a matter of urgency, phase out all fossil fuel subsidies;
Amendment 160 #
2015/2112(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that finance will play an essential role in finding an agreement at the Paris Conference and that it seems therefore necessary to prepare a credible ‘financial package’ covering both pre- 2020 and post-2020 periods, in order to support greater efforts for greenhouse gas reduction and adaptation to climate change impacts;
Amendment 163 #
2015/2112(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Insists on the full respect of the rights of local communities and indigenous peoples particularly vulnerable to the adverse effects of climate change; believes that local communities play a key role in the implementation of mitigation and adaptation measures;
Amendment 191 #
2015/2112(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Takes note of the close links between the Financing for Development Conference, the UN Sustainable Development Goals summit and the 21st Conference of Parties of the UNFCCC in 2015; recognises that the impacts of climate change will seriously undermine attempts to achieve the planned post-2015 sustainable development framework, and that the overall development financing framework will need to be aligned with and able to support a low carbon and climate resilient world;
Amendment 7 #
2015/2105(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the mandate given in June 2014 to the UN Open Ended inter-Governmental Working Group (OEIGWG) to develop a legally binding international instrument on Transnational Corporations and other business enterprises,
Amendment 37 #
2015/2105(INI)
Motion for a resolution
Recital E
Recital E
E. whereas trade negotiations such as ACTA, TTIP, CETA and TiSA have brought European trade policy to the public’s attention, and whereas more and more citizens are worried that European and national regulation and standards could be undermined by the CCP;
Amendment 55 #
2015/2105(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the centre of wealth generation is clearly shifting eastwards, towards the Asia-Pacific Region with China, which has already surpassed Japan and will probablycould overtake the US to become the world’s largest economy in 2025, while the gap with most developing countries and the LDCs is increasing, often as an effect of trade liberalisation, illegitimate external debt and structural adjustments;
Amendment 62 #
2015/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission’s new strategy ‘Trade for all – Towards a more responsible trade and investment policy’; regrets the Commission’s delay in presenting a new strategy, given that Parliament requested that a revised mid- and long-term trade strategy be presented by summer 2012 but deeply deplores that, despite the growing criticism of the current EU international trade policy by the European citizens, Commission is not redirecting this policy it and proposing concrete steps in order to ensure that international trade is contributing to defend and guarantee, -and not to undermining in favour of corporate companies and investors-, the citizen's social and environmental rights, job creation and defence of quality jobs, public services including health services, family and middle scale farming, food security and sovereignty, cultural diversity and coherence with the development cooperation goals and SDGs;
Amendment 78 #
2015/2105(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to regularly update its trade and investmentinternational trade strategy and to publicly present a detailed annual implementation report to Parliament; assessing the impact of this strategy on citizens' rights and interests;
Amendment 87 #
2015/2105(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s attempts to increase transparency and openness at all stages of trade negotiations, such as the Commission’s TTIP transparency initiative; acknowledges that, after a number of requests from Parliament, the Commission enhanced the transparency of negotiations by providing all Members of the European Parliament and of the national parliaments access to classified negotiating documents and providing more information to stakeholders; recalls that enlarged access to classified information by Members of Parliament in the TTIP negotiations has strengthened parliamentary scrutiny, thereby allowing ParliamentEncourages the Commission to guarantee to all Members of the European Parliament and of the national parliaments and to the public in general, full access to all negotiating documents; recalls that this access would allowing Parliaments and stakeholders to assume itstheir responsibility under the CCP even better; calls therefore for a widening of the Commission’s transparency initiative to extend its key elementsfull transparency and possibility for public scrutiny to all ongoing trade negotiations;
Amendment 95 #
2015/2105(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that theCalls on the Commission to ensure a strong and balanced involvement of civil society and stakeholders, including through appropriate public online consultations, is crucial in order to strengthen the legitimacy of trade policy and to improve its contentdeeply transform and improve the content of the EU's international trade policy and orient it to the defence of citizen's rights, and thereby strengthen its legitimacy;
Amendment 108 #
2015/2105(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the CCP is toshould be conducted in the context of the principles and objectives of the Union’s external action as set out in Article 21 TEU; recalls that the EU’s trade and investment policy must be consistent with other external policies; stresses that the EU has a legal obligation to respect human rights, and should foster the sustainable economic, social and environmental development of trading countries; points out that in somemost cases trade and investment agreements may have negative effects contrary to the EU’s external objectives as enshrined in the Treaties; is of the opinion that the EU has a responsibility to help tackle anythe negative impact caused by its CCP;
Amendment 115 #
2015/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. RecognisesTakes note of the Commission’s efforannouncements to strengthen sustainable development and promote human rights, labour and social standards and environmental sustainability worldwide through its trade and investment agreements and calls on to present soon concrete and ambitious proposals in this direction; shares the Commission’s view that the EU has a special social responsibility as regards the impact of its trade policies on developing countries and in particular on least-developed countries (LDCs);
Amendment 153 #
2015/2105(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls the Commission to safeguard the right for all countries to regulate and preserve policy space in order to develop infant industries; urges the Commission to ensure that trade agreements and policies do not undermine developing countries strategic economic sectors and do not challenge partner countries efforts to increase the domestic value added in order to upgrade along the global value chain;
Amendment 156 #
2015/2105(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recognizes that universal access to quality public services and common goods such as water and sanitation, education, healthcare and access to medicines is a key component of Member States capacity to guarantee Human and social Rights; therefore calls on the Commission and Member States to refrain from including negative lists in trade deals, nor standstill and ratchet clauses, that threaten states' capacity to reverse achieved liberalisation floors;
Amendment 159 #
2015/2105(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that thea careful internationaliszation of the world’'s production system has resulted incould contribute to new openings for economic development and an employment-based path out of poverty for, but so far it has resulted in a huge increase of inequalities and enormous environmental problems, threatening the future of hundreds of millions of people; recalls that, according to the ILO, around 780 million active women and men are not earning enough to be lifted out of poverty; underlines that the expansion of GVCs has created job opportunities but also propelled somemany supplier firms to ignorerelocate their economic activities outside the EU in particular to countries that have very low labour standards, do ignore existing labour laws, engage workers in unsafe and unacceptable conditions, demand exhaustive working hours and deny workers their fundamental rights; recalls that these practices create unfair competition for suppliers that are compliant with labour laws and international labour standards and for governments that want to improve wages and living standards; calls on the Commission to improve conditions in GVCs; emphasises that the EU’s further integration into GVCs must be driven by the dual principles of safeguarding the European social and regulatory model and securing and creating sustainable growth and jobs in the EU and for its partners;
Amendment 198 #
2015/2105(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to improve the quality of both ex-ante and ex- post assessments; stresses the need to always submit a deepcomprehensive sustainability impact assessment, including on human, social and environmental rights, for any trade policy initiative; expresses its concern at the lack of interim and ex-post assessments and that the quality of the existing ones is very low, as demonstrated in the European Court of Auditors Special Report 02/2014; insists that high-quality interim and ex-post evaluations be carried out in respect of all trade agreements in order to allow policymakers, stakeholders and European taxpayers to assess whether trade agreements have achieved the intended results; asks the Commission to provide data on the impact of the trade agreements which have been concluded with special regard to SMEs and the creation of jobs; calls on the Commission to put in place a mechanism that allows for suspension of FTAs when social, environmental and/or human rights are violated by Parties;
Amendment 218 #
2015/2105(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considersriticizes the increase of plurilateral negotiations at the margin of the WTO or within the WTO such as ACTA, TiSA, the Information Technology Agreement and the Environmental Goods Agreements to be the second-best option; emphasises that trade policy should also be used as a tool for increasing the competiveness ofaccessibility of socially and environmentally beneficial products; stresses the importance of multilateralising the ‘green goods’ initiative and of considering whether bilateral or unilateral trade agreements could provide premium preferences for environmental goodplurilateral negotiations at a stage and with a method that gives a chance to all countries to provide inputs on the content of the agreements;
Amendment 254 #
2015/2105(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines, in the context of the current talks on the Transatlantic Trade and Investment Partnership (TTIP) and, the EU- Japan FTA, the high importance of focusing on core sensitive issues such as the protection of geographicand the concluded CETA text do not meet the criteria of the European Parliament as outlined in this report (e.g. social iandications (GIs) and public procurement when negotiating FTAs environmental standards) and should therefore be terminated;
Amendment 258 #
2015/2105(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 289 #
2015/2105(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that further trade liberalisation measures requlead to unfaire the EU to be able to respond even more effectively to unfair trading practices and ensure a level playing fieldrading practices and competition between countries on non-tariff barriers (NTBs) that include labour rights, environmental and public health standards; underlines that TDIs must remain an indispensable component of the EU’s trade strategy; recalls that the current EU trade defence legislation dates back to 1995; stresses that the Union’s trade defence system needs to be modernised urgently; points out that EU trade defence law must be more effective, adapted to today’s challenges and trade patterns, and also increase transparency and predictability; regrets that the TDI modernisation proposal is blocked in the Council; regrets that the Commission does not refer at all to the need for TDI modernisation in its ‘Trade for All’ communication; calls on the Council to boost its efforts regarding TDI modernisation urgently, especially at a time when China is firmly requesting recognition of MES, and asks the Commission to present a new proposal;
Amendment 306 #
2015/2105(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets that not enough has been done to comprehensively address European industries’ needs and that the EU manufacturing sector is too often placed behind the services and financial sectors; emphasises that trade policy must ensure a level playing field for European industry; calls on the Commission to ensure coherence between the EU’s trade and industrial policies and to promote the development and competitiveness of European industry;
Amendment 312 #
2015/2105(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 320 #
2015/2105(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 355 #
2015/2105(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Stresses the importance of further debate with stakeholders and ParliameCalls on the Commission to respect the result of the only official public consultation it carried on ISDS, that brought as its result a rejection by 97 % of the participants on the Commission’s proposal for the Investment Court System in order to better clarify its impact onf any ISDS system rejecting any existing or future ISDS or ICS system because it creates a special justice system for investors creating unacceptable double standards for justice, because it challenges in practical terms the ‘right to regulate’, the annual of Governments and Parliaments, because it consts for the EUitutes an enormous threat to public budget, and its compliance with the EU legal order, the power of the EU courts in particular, and more specifically the EU competition rulesbecause it is challenging the monopoly of the European judiciary system to interpret EU law; reiterates that investment arbitration systems, whether they names is ISDS or ICS, are not fair and not independent and balanced methods to address disputes between sovereign nations and private investors, as any investor in the EU should respect the reliability of the local judiciary system;
Amendment 371 #
2015/2105(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Calls on the Commission and the Member States to actively support the UN Open Ended Inter-Governmental Working Group (OEIGWG) developing a legally binding international instrument on Transnational Corporations and other business enterprises launched in June 2014;
Amendment 372 #
2015/2105(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Welcomes the progress made since the establishment of the Bangladesh Sustainability Compact and calls Commission to expand binding frameworks to other sectors; urges in this regard the European Commission to enhance due diligence initiatives that complement the existing EU timber regulation, on the proposed EU regulation on conflict minerals, for other sectors; thereby ensuring the EU and its traders and operators live up to the obligation to respect human rights, and the highest social and environmental standards;
Amendment 405 #
2015/2105(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Shares the OECD’s view that open trade and investment policies need a range of effective flanking policies in order to maximise the gains and minimise the losses; urges the Members States and the Commission to do much more to complement trade opening by a range of supporting measures in order to ensure inclusive growth – such as education, active labour market policies, supporting research and development, infrastructure development and social protection;
Amendment 38 #
2015/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its supportthe need for the systematic introduction of human rights clauses in all international agreements between the EU and third countries;
Amendment 43 #
2015/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls, furthermore, on the Commission to systematically monitor the implementation of the human rights clauses and to report regularly to Parliament on partner countries’ respect for human rights; calls on the Commission, in close dialogue with the European Parliament and Council, to suspend agreements if third countries systematically violate human rights;
Amendment 100 #
2015/0148(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 288 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is deeply concerned about the lack of transparency in the negotiationsCalls for these and other similar negotiations to be conducted with absolute transparency, and urges the Commission to give all Members of the European Parliament access to the negotiation texts, in particular the consolidated ones., as requested in the Report on the European Ombudsman's public consultation in relation to the transparency of the TTIP negotiations of 7 January 2015. __________________ http://www.ombudsman.europa.eu/en/cas es/correspondence.faces/en/58643/html.bo okmark
Amendment 438 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii b (new)
Paragraph 1 – point b – point vii b (new)
(viib) to take immediate action to prevent fiscal competition, namely through the dumping in the taxation of profits and financial gains and maintenance of offshores and other fiscally privileged zones;
Amendment 26 #
2014/2216(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
- having regard to the European Social Charter, signed in Turin on 18 October 1961 and revised in Strasbourg on 3 May 1996
Amendment 57 #
2014/2216(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. Whereas Article 18 of the UDHR recognises the freedom of thought, conscience, and religion; whereas the number of incidents relating to the freedom of religion or belief has sharply risen, inter alia, as a consequence of an increasing number of conflicts with a religious dimension;
Amendment 148 #
2014/2216(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the EEAS and the Council, nevertheless, of the challenge of implementation and consequently of the need to evaluate the implementation of the EU Guidelines at the country level; encourages the EEAS and Member States also to engage in continued training and awareness-raising among EEAS and EU Delegation staff, as well as among Member State diplomats, so as to make sure that the EU human rights guidelines have the intended effect in shaping actual policies on the ground; requests the EEAS and Member States to involve, whenever possible, representatives from the European Parliament and from civil society in any such training activities
Amendment 324 #
2014/2216(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53a. Is concerned about the increased violence against religious and belief minorities in many parts of the world; calls for the protection of refugees who have been forced to flee their place of origin as a result of violence and discrimination directed against them on the basis of their religion or belief; expresses the view that in accordance with international human rights instruments, all States have to protect religious and belief minorities against any form of discrimination and violence; encourages the EEAS to establish a horizontal focal point for religion or belief matters;
Amendment 331 #
2014/2216(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Welcomes the adoption during the reporting year 2013 of the EU Guidelines on the promotion and protection of freedom of religion or belief, and calls on the EU institutions and the Member States to pay particular attention to the implementation of these guidelines, both in international and regional forums and in bilateral relations with third countries; commends the new EU High Representative for stating that freedom of religion or belief is one of three human rights priorities; encourages the HR/VP and the EEAS to engage in a permanent dialogue with NGOs, religious or belief groups and religious leaders;
Amendment 332 #
2014/2216(INI)
Motion for a resolution
Paragraph 55 a (new)
Paragraph 55 a (new)
55a. Welcomes the EU's commitment to promoting the right to freedom of religion or belief within international and regional fora including the UN, the Organisation for Security and Cooperation in Europe (OSCE), the Council of Europe (CoE) and other regional mechanisms; encourages the EU to continue tabling its yearly resolution on freedom of religion or belief at the UN General Assembly and supporting the mandate of the UN Special Rapporteur on Freedom of Religion or Belief;
Amendment 121 #
2014/2206(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Takes the view that companies should be encouraged to collaborate in a better way in their competitive environment and to work together with public authorities, and believes that this should be done within the Horizon 2020 framework;
Amendment 127 #
2014/2206(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. ADoes not agrees with the Commission’s reasoning for the establishment of the EU Observatory on Infringements of Intellectual Property Rights, and asks that it be allocated dedicated resourbut instead suggests that the infringement of Intellectual Property Rights be a charge of the national authorities and the European Patent Offices;
Amendment 128 #
2014/2206(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 130 #
2014/2206(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 146 #
2014/2206(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 13 #
2014/0059(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and goldfor natural resources originating in conflict-affected and high- risk areas
Amendment 16 #
2014/0059(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 18 #
2014/0059(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbates existing conflicts or triggers new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 20 #
2014/0059(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Human rights abuses are common within the extractive industry and include child labour, sexual violence, disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 25 #
2014/0059(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 25 #
2014/0059(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and goldfor natural resources originating in conflict-affected and high- risk areas
Amendment 26 #
2014/0059(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 28 #
2014/0059(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the European Commission is requested to bring forward binding legislation on conflict minerals;
Amendment 29 #
2014/0059(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union’s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of mineralnatural resources from conflict regions. The consequence is that such mineralnatural resources, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 32 #
2014/0059(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, and in line with the OECD Due Diligence Guidance, supply chain due diligence is an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they respect human rights and do not contribute to conflict and adverse impacts thereof.
Amendment 32 #
2014/0059(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 34 #
2014/0059(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation reflects the need for due diligence along the entire supply chain from the sourcing site to the final product, by requiring all companies who first place covered resources—including products that contain those resources—on the European market to conduct and publicly report on their supply chain due diligence. In line with the nature of due diligence, the individual due diligence obligations contained in this Regulation reflect the progressive and flexible nature of due diligence processes, and the need for obligations that are appropriately tailored to enterprises’ individual circumstances. Obligations are tailored to a company’s size, leverage, and position in its supply chain. Certain companies are recognised to have great influence over the due diligence that is conducted along the supply chain in the sourcing countries, due to their position in the supply chain. These actors, commonly referred to as choke points, are subject to more extensive obligations than other enterprises. Due diligence obligations duly reflect this difference. Downstream companies are required to make reasonable and good faith efforts to identify the relevant choke points in their supply chains, and do their best to assess the due diligence of these companies, for instance on the basis of the audited reports of said actors.
Amendment 35 #
2014/0059(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) In accordance with OECD Due Diligence Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 36 #
2014/0059(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbating existing conflicts or triggering new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 37 #
2014/0059(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently awaIn accordance with the OECD Due Diligence Guidance it is recognized that due diligence in conflict-affected and high-risk areas presents practical challenges and that flexibility is there for ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commissione needed in the application thereof. The nature and extent of due diligence that is appropriate for an enterprises’ individual circumstances depend on a number of factors, including its size and position in the supply chain, fully taking account of the challenges faced by SMEs.
Amendment 39 #
2014/0059(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an importantrecognised choke points in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral’s origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practicestheir respective supply chains with substantial influence over the due diligence that is conducted along the supply chain in the sourcing countries. A Union list of responsible choke-point actors could therefore provide transparency and certainty to companies in the downstream with a view to carrying out supply chain due diligence practices. Consistently with OECD Due Diligence Guidance, choke-point actors should undergo independent third-party audit of their supply chain due diligence practices, also with a view to being included in the list of responsible actors. Choke point actors based outside the Union should also have a possibility for being included in the list to ensure its global scope.
Amendment 39 #
2014/0059(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Human rights abuses are common within the extractive industry and include child labour, sexual violence, the disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 44 #
2014/0059(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 46 #
2014/0059(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to enhancing the effective implementation of this Regulation, and addressing development needs directly linked to the exploitation of natural resources originating in conflict- affected and high-risk areas, accompanying measures should be implemented. The Commission and the European External Action Service should apply and further develop an integrated Union approach to responsible sourcing as initiated in the Joint Communication of 5 March 2014 to the European Parliament and the Council ‘Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Towards an integrated EU approach’1a. In particular, the promotion of responsible sourcing of natural resources originating from conflict-affected and high-risk areas and the establishment of national and international due diligence frameworks for responsible sourcing should be integrated into internal and external policies and in particular into political and policy dialogues with partner countries, local authorities and private stakeholders. Particular attention should be given to addressing the contribution and challenges of the artisanal and informal mining sector for local livelihoods and sustainable development. _______________ 1a JOIN(2014) 8 final.
Amendment 47 #
2014/0059(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)amend Annex I and Annex II to this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU, following the provisions laid down in this Regulation.
Amendment 47 #
2014/0059(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 50 #
2014/0059(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,.
Amendment 53 #
2014/0059(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 55 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self- certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high- risk areas. __________________ 12‘Armed groups and security forces’ as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.designed to:
Amendment 56 #
2014/0059(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the Commission is requested to bring forward binding legislation on conflict minerals. (EP 2013/2126(INI))
Amendment 57 #
2014/0059(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and goldfor natural resources originating in conflict-affected and high- risk areas
Amendment 57 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a (new)
Article 1 – paragraph 1 – point a (new)
(a) increase certainty and transparency as regards the supply practices of companies sourcing from conflict-affected and high- risk areas,
Amendment 58 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b (new)
Article 1 – paragraph 1 – point b (new)
(b) curtail opportunities for the sourcing, transport and trade of natural resources to fund conflict and/or fuel human rights violations or abuses,
Amendment 59 #
2014/0059(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 59 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c (new)
Article 1 – paragraph 1 – point c (new)
(c) help companies respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 60 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 62 #
2014/0059(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbating existing conflicts or triggering new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 62 #
2014/0059(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union's jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of mineralnatural resources from conflict regions. The consequence is that such mineralnatural resources, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 65 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
Amendment 66 #
2014/0059(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Human rights abuses are common within the extractive industry and include child labour, sexual violence, the disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 66 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) ‘OECD Due Diligence Guidance’ means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013))1a including all Council Recommendations, Annexes and Supplements, as may be amended or replaced periodically; _________________ 1a OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013), http://dx.doi.org/10.1787/9789264185050- en.
Amendment 67 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a b (new)
Article 2 – point a b (new)
(ab) ‘covered resources’ means all natural resources as set out in Annex I, as may be amended periodically in accordance with this Regulation;
Amendment 67 #
2014/0059(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, and in line with the OECD Due Diligence Guidance, supply chain due diligence is an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they respect human rights and do not contribute to conflict and adverse impacts thereof.
Amendment 68 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a c (new)
Article 2 – point a c (new)
Amendment 69 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a d (new)
Article 2 – point a d (new)
(ad) ‘recycled resources’ means reclaimed end-user or post-consumer products, or scrap processed resources created during product manufacturing, including excess, obsolete, defective, and scrap materials which contain refined or processed resources that are appropriate to recycle in the production of any material. Minerals partially processed, unprocessed or a bi-product from another ore are not recycled resources;
Amendment 70 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a e (new)
Article 2 – point a e (new)
(ae) ‘operator’ means any natural or legal person that places any covered product on the market for the first time;
Amendment 71 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point a f (new)
Article 2 – point a f (new)
(af) ‘placing on the market’ means the supply by any means, irrespective of the selling technique used, of products for the first time on the internal market for distribution or use in the course of commercial activity whether in return for payment or free of charge, including the supply by means of distance communication as defined in Directive 97/7/EC1a. ‘Placing on the market’ also includes the supply on the internal market of products derived from covered products already placed on the internal market. ________________ 1a Directive97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).
Amendment 71 #
2014/0059(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The Regulation reflects the need for due diligence along the entire supply chain from the sourcing site to the final product, by requiring all companies who first place covered resources — including products that contain those resources — on the European market to conduct and publicly report on their supply chain due diligence. In line with the nature of due diligence, the individual due diligence obligations contained in this Regulation reflect the progressive and flexible nature of due diligence processes, and the need for obligations that are appropriately tailored to enterprises' individual circumstances. Obligations are tailored to a company's size, leverage, and position in its supply chain. Certain companies are recognised to have great influence over the due diligence that is conducted along the supply chain in the sourcing countries, due to their position in the supply chain. These actors, commonly referred to as choke points, are subject to more extensive obligations than other enterprises. Due diligence obligations duly reflect these difference. Downstream companies are required to make reasonable and good faith efforts to identify the relevant choke points in their supply chains, and do their best to assess the due diligence of these companies, for instance on the basis of the audited reports of said actors.
Amendment 72 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 74 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) ‘mineralresources supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralresources from the extractionsourcing site to their incorporation in the final product;
Amendment 74 #
2014/0059(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Consistently with the OECD Due Diligence Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 75 #
2014/0059(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 75 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point c a (new)
Article 2 – point c a (new)
(ca) ‘supply chain due diligence’ refers to the obligations of operators in relation to their management systems, risk management, third-party audits and disclosure of information with a view to identifying, addressing and publicly reporting on actual and potential risks linked to conflict-affected and high-risk areas to prevent or mitigate adverse impacts associated with their sourcing activities;
Amendment 77 #
2014/0059(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 77 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point c b (new)
Article 2 – point c b (new)
(cb) ‘model supply chain policy’ means the model supply chain policy in Annex II of the OECD Due Diligence Guidance;
Amendment 78 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) ‘chain of custody or supply chain traceability system’ means a system to identify and record of the sequence of entities which have custody of minerals and metalresources as they move through athe supply chain;
Amendment 78 #
2014/0059(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 79 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) ‘risk management plan’ means an operator’s written responses to the supply chain risks identified under Article 5 in accordance with its supply chain policy;
Amendment 80 #
2014/0059(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution1 on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the European Commission is requested to bring forward binding legislation on conflict minerals; __________________ 1EP 2013/2126(INI)
Amendment 81 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘conflict-affected and high-risk areas’ means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses; dentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that: (i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars; and (ii) high--risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterized by widespread human rights abuses and violations of national or international law;
Amendment 82 #
2014/0059(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union’s jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of mineralnatural resources from conflict regions. The consequence is that such mineralnatural resources, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 83 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point f
Article 2 – point f
Amendment 84 #
2014/0059(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, and in line with the OECD Due Diligence Guidance, supply chain due diligence is an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they respect human rights and do not contribute to conflict and adverse impacts thereof.
Amendment 86 #
2014/0059(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The Regulation reflects the need for due diligence along the entire supply chain from the sourcing site to the final product, by requiring all companies who first place covered resources — including products that contain those resources — on the European market to conduct and publicly report on their supply chain due diligence. In line with the nature of due diligence, the individual due diligence obligations contained in this Regulation reflect the progressive and flexible nature of due diligence processes, and the need for obligations that are appropriately tailored to enterprises’ individual circumstances. Obligations are tailored to a company’s size, leverage, and position in its supply chain. Certain companies are recognised to have great influence over the due diligence that is conducted along the supply chain in the sourcing countries, due to their position in the supply chain. These actors, commonly referred to as choke points, are subject to more extensive obligations than other enterprises. Due diligence obligations duly reflect these differences. Downstream companies are required to make reasonable and good faith efforts to identify the relevant choke points in their supply chains, and do their best to assess the due diligence of these companies, for instance on the basis of the audited reports of said actors.
Amendment 86 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point g
Article 2 – point g
Amendment 86 #
2014/0059(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently awaConsistent with the OECD Guidance it is recognized that due diligence in conflict- affected and high-risk areas presents practical challenges and that flexibility is there for ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commissione needed in the application thereof. The nature and extent of due diligence that is appropriate for an enterprises' individual circumstances depend on a number of factors, including its size and position in the supply chain, fully taking account of the challenges faced by SMEs.
Amendment 88 #
2014/0059(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Consistently with OECD Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 88 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point h
Article 2 – point h
Amendment 90 #
2014/0059(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 90 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point i
Article 2 – point i
Amendment 92 #
2014/0059(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently awaConsistent with the OECD Guidance it is recognized that due diligence in conflict- affected and high-risk areas presents practical challenges and that flexibility is there for ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commissione needed in the application thereof. The nature and extent of due diligence that is appropriate for an enterprises’ individual circumstances depend on a number of factors, including its size and position in the supply chain, fully taking account of the challenges faced by SMEs.
Amendment 92 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j
Article 2 – point j
(j) ‘grievance mechanism’ means an early- warning risk awareness mechanism allowing any interested party or whistle- blower to voice concerns regarding the circumstances of mineral extractionresource sourcing, trade, handling and export in respect of resources originating in conflict-affected and high-risk areas;
Amendment 93 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j a (new)
Article 2 – point j a (new)
(ja) ‘Annex II operator’ refers to any operator of the type identified in Annex II;
Amendment 94 #
2014/0059(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an importantrecognised choke points in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral’s origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practicestheir respective supply chains with substantial influence over the due diligence that is conducted along the supply chain in the sourcing countries. A Union list of responsible choke-point actors could therefore provide transparency and certainty to companies in the downstream with a view to carrying out supply chain due diligence practices. Consistently with OECD Guidance, choke-point actors should undergo independent third-party audit of their supply chain due diligence practices, also with a view to being included in the list of responsible actors. Choke point actors based outside the European Union should also have a possibility for being included in the list to ensure its global scope.
Amendment 94 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j b (new)
Article 2 – point j b (new)
(jb) ‘Annex II actor’ refers to any natural or legal person of the type identified in Annex II;
Amendment 95 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j c (new)
Article 2 – point j c (new)
(jc) ‘responsible Annex II actor’ refers to any Annex II actor that complies with this Regulation or the OECD Due Diligence Guidance and has submitted audited reports as set out in Article 6 to a Member State authority in accordance with Article 7 (3) or 7 (7);
Amendment 96 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point j d (new)
Article 2 – point j d (new)
(jd) ‘business confidentiality and other competitiveness concerns’ means price information and supplier relationships without prejudice to subsequent evolving interpretation.
Amendment 97 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point k
Article 2 – point k
Amendment 97 #
2014/0059(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an importantrecognised choke points in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral's origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practicestheir respective supply chains with substantial influence over the due diligence that is conducted along the supply chain in the sourcing countries. A Union list of responsible choke-point actors could therefore provide transparency and certainty to companies in the downstream with a view to carrying out supply chain due diligence practices. Consistently with the OECD Due Diligence Guidance, choke-point actors should undergo independent third-party audit of their supply chain due diligence practices, also with a view to being included in the list of responsible actors. Choke point actors based outside the European Union should also have a possibility for being included in the list to ensure its global scope.
Amendment 98 #
2014/0059(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 98 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point l
Article 2 – point l
Amendment 99 #
2014/0059(COD)
Proposal for a regulation
Article 2 – point n
Article 2 – point n
Amendment 101 #
2014/0059(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to enhancing the effective implementation of this regulation, and addressing development needs directly linked to the exploitation of natural resources originating in conflict- affected and high-risk areas, accompanying measures will be implemented. The European Commission and the European External Action Service will apply and further develop an integrated EU approach to responsible sourcing as initiated in the Joint Communication to the European Parliament and the Council "Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Towards an integrated EU approach" (JOIN (2014) 8). In particular, the promotion of responsible sourcing of natural resources originating from conflict-affected and high-risk areas and the establishment of national and international due diligence frameworks for responsible sourcing will be integrated into internal and external policies and in particular into political and policy dialogues with partner countries, local authorities and private stakeholders. Particular attention will be given to addressing the contribution and challenges of the artisanal and informal mining sector for local livelihoods and sustainable development.
Amendment 104 #
2014/0059(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation ofamend Annex I and Annex II to this Rregulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)the Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU, following the provisions lined out in this regulation.
Amendment 104 #
2014/0059(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 106 #
2014/0059(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,
Amendment 107 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligIn accordance with the OECD Due Diligence Guidance, operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator’s position in the supply chain, the size of the operator, the location of the operator’s activities, the situations including results of the independent third-party audits carried out a particular country, the sector and nature of the products or services involved.
Amendment 108 #
2014/0059(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 109 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 113 #
2014/0059(COD)
Proposal for a regulation
Article 4 – introductory part
Article 4 – introductory part
Amendment 113 #
2014/0059(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to enhancing the effective implementation of this regulation, and addressing development needs directly linked to the exploitation of natural resources originating in conflict- affected and high-risk areas, accompanying measures will be implemented. The European Commission and the European External Action Service will apply and further develop an integrated EU approach to responsible sourcing as initiated in the Joint Communication to the European Parliament and the Council "Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Towards an integrated EU approach" (JOIN (2014) 8). In particular, the promotion of responsible sourcing of natural resources originating from conflict-affected and high-risk areas and the establishment of national and international due diligence frameworks for responsible sourcing will be integrated into internal and external policies and in particular into political and policy dialogues with partner countries, local authorities and private stakeholders. Particular attention will be given to addressing the contribution and challenges of the artisanal and informal mining sector for local livelihoods and sustainable development.
Amendment 114 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 115 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point a
Article 4 – point a
(a) adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metalcovered resources potentially originating from conflict- affected and high-risk areas,
Amendment 117 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a (new)
Article 1 – paragraph 1 – point a (new)
(a) Increase certainty and transparency as regards the supply practices of companies sourcing from conflict-affected and high- risk areas,
Amendment 117 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point b
Article 4 – point b
(b) incorporate in its supply chain policy the standards against which supply chain due diligence is to be conducted consistent with the standards set forth in the model supply chain policy in Annex II to the OECD Due Diligence Guidance,
Amendment 118 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point c
Article 4 – point c
(c) structure its internal management systems to support supply chain due diligence, inter alia, by assigning responsibility to senior staff to oversee the supply chain due diligence process as well as maintain records for a minimum of 5 years,
Amendment 118 #
2014/0059(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation ofamend Annex I and Annex II to this Rregulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)the Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU, following the provisions lined out in this regulation.
Amendment 119 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b (new)
Article 1 – paragraph 1 – point b (new)
(b) Curtail opportunities for the sourcing, transport and trade of natural resources to fund conflict and/or fuel human rights violations or abuses,
Amendment 119 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point c a (new)
Article 4 – point c a (new)
(ca) establish a system of controls and transparency over the resources supply chain, including the identification of Annex II actors in the supply chain, which may be implemented through participation in industry-driven programmes,
Amendment 120 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point d
Article 4 – point d
(d) strengthen its engagement with suppliers, inter alia, by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidancethe model supply chain policy,
Amendment 121 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c (new)
Article 1 – paragraph 1 – point c (new)
(c) Help companies respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 121 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point e
Article 4 – point e
(e) establish a company-level, or industry- wide, grievance mechanism as an early- warning risk- awareness system or provide such mechanism through collaborative arrangements with other companies or organisations, or by facilitating recourse to an external expert or body (e.g. ombudsman),
Amendment 122 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point f
Article 4 – point f
Amendment 123 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 123 #
2014/0059(COD)
Proposal for a regulation
Article 4 – point g
Article 4 – point g
Amendment 123 #
2014/0059(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,
Amendment 126 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 127 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) ‘OECD Due Diligence Guidance’ means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013)) including all Council Recommendations, Annexes and Supplements, as may be amended or replaced periodically.
Amendment 127 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In addition to the obligations set out in paragraph 1, Annex II type operators, shall operate a chain of custody or supply chain traceability system that provides, supported by documentation, the following information: (i) description of the resource including its trade name and type, (ii) name and address of the supplier to the Annex II actors, (iii) country of origin of the resource, (iv) quantities and dates of extraction, expressed in volume or weight, (v) when resources originate from conflict-affected and high-risk areas, additional information, such as extraction site; locations where resources are consolidated, traded and processed; and taxes, fees, royalties paid, in accordance with the OECD Due Diligence Guidance.
Amendment 128 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
Where an operator can reasonably conclude that covered products are derived only from recycled resources, it shall: (a) publicly disclose their determination; and (b) describe in reasonable detail the due diligence measures they exercised in making that determination.
Amendment 129 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(a b) ‘covered resources’ means all natural resources as set out in Annex I, as may be amended periodically in accordance with this Regulation;
Amendment 129 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The responsible importer of the minerals or metals within the scope of this Regulation shallEach operator shall, in accordance with the OECD Due Diligence Guidance, identify and assess the risks in its resources supply chain in accordance with Article 4, and:
Amendment 130 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 131 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(a c) ‘covered products’ means all covered resources and products comprising or containing covered resources;
Amendment 132 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) reporting findings of the supply chain risk assessment to its designated senior management of the operator,
Amendment 132 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self- certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high- risk areas. __________________ 12'Armed groups and security forces' as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.designed to:
Amendment 133 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
(a d) ‘recycled resources’ means reclaimed end-user or post-consumer products, or scrap processed resources created during product manufacturing, including excess, obsolete, defective, and scrap materials which contain refined or processed resources that are appropriate to recycle in the production of any material. Minerals partially processed, unprocessed or a bi-product from another ore are not recycled resources.
Amendment 133 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) devising and adopting a risk management measures consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidanceplan, considering its ability to influence, and where necessary take steps to put pressurbuild leverage on suppliers who can most effectively prevent or mitigate the identified risk, by making it possible either to:
Amendment 134 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 135 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a responsible importen Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall, in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 136 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a e (new)
Article 2 – paragraph 1 – point a e (new)
(a e) ‘operator’ means any natural or legal person that places any covered product on the market for the first time;
Amendment 136 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A responsible importeEach Annex II operator shall, in order to design conflict and high-risk sensitive strategies for mitigation in the risk management plan, relydraw on the measures and indicators under Annex III of the OECD Due Diligence Guidance and measure progressive improvement in accordance with the OECD Due Diligence Guidance.
Amendment 137 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. If an operator other than an Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade it shall, as appropriate and in accordance with the OECD Due Diligence Guidance, consult suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 138 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a f (new)
Article 2 – paragraph 1 – point a f (new)
(a f) ‘placing on the market’ means the supply by any means, irrespective of the selling technique used, of products for the first time on the internal market for distribution or use in the course of commercial activity whether in return for payment or free of charge, including the supply by means of distance communication as defined in Directive 97/7/EC1. ‘Placing on the market’ also includes the supply on the internal market of products derived from covered products already placed on the internal market. __________________ 1 Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Amendment 138 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 139 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 139 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a (new)
Article 1 – paragraph 1 – point a (new)
(a) increase certainty and transparency as regards the supply practices of companies sourcing from conflict-affected and high- risk areas,
Amendment 140 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 140 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) include in the audit scope all of the responsible importeoperator’s activities, processes and systems used to implement supply chain due diligence regarding minerals or metals within the scope of the Regulation, including the responsible importecovered resources, including the operator’s management system, risk management, and disclosure of information,
Amendment 141 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) determine as the objective of the audit the conformity of the responsible importeoperator’s supply chain due diligence practices with Articles 4, 5 and 7 of this Regulation,
Amendment 141 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b (new)
Article 1 – paragraph 1 – point b (new)
(b) curtail opportunities for the sourcing, transport and trade of natural resources to fund conflict and/or fuel human rights violations or abuses,
Amendment 142 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) respect the audit principles of independence, competence and accountability and any applicable audit scope, criteria and activities, as set out in the OECD Due Diligence Guidance.
Amendment 143 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘mineralresources supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralresources from the extractionsourcing site to their incorporation in the final product;
Amendment 143 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
All operators may cooperate through their industry organizations to ensure that the independent third-party audit is carried out in accordance with the second paragraph.
Amendment 143 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c (new)
Article 1 – paragraph 1 – point c (new)
(c) help companies respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 144 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) ‘supply chain due diligence’ refers to the obligations of operators in relation to their management systems, risk management, third-party audits and disclosure of information with a view to identifying, addressing and publicly reporting on actual and potential risks linked to conflict-affected and high-risk areas to prevent or mitigate adverse impacts associated with their sourcing activities;
Amendment 144 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By 31 March of each year at the latest, the responsible importer of minerals or metals within the scope of this Regulation all operators shall submit to the Member State competent authority the following documentation covering the previous year’s calendar period:
Amendment 145 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 146 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(c b) ‘model supply chain policy’ means the model supply chain policy in Annex II of the OECD Due Diligence Guidance;
Amendment 146 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 31 March of each year at the latest, the responsible importer of minerals wioperators other thian the scope of this RegulationAnnex II operators shall also submit to the Member State competent authority the documentation covering the previous year’s calendar period as regards the proportion of minerals originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased, as confirmed by independent third-party audits in accordance with Article 6 of this Regulation.management reports containing the following documentation covering the previous year’s calendar period:
Amendment 146 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 147 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a (new)
Article 7 – paragraph 2 – point a (new)
(a) the operator’s supply chain due diligence policy, including the operator’s management structure responsible for its due diligence and the person directly responsible,
Amendment 148 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘chain of custody or supply chain traceability system’ means a system to identify and record of the sequence of entities which have custody of minerals and metalresources as they move through athe supply chain;
Amendment 148 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b (new)
Article 7 – paragraph 2 – point b (new)
(b) the operator’s system of control and transparency over the resources supply chain, including the steps taken to identify upstream actors in the supply chain and to assess their due diligence practices,
Amendment 149 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c (new)
Article 7 – paragraph 2 – point c (new)
(c) name and address of each of the Annex II actors in its supply chain, as identified by the operator in accordance with Article 4 and 5,
Amendment 150 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) ‘risk management plan’ means an operator’s written responses to the supply chain risks identified under Article 5 in accordance with its supply chain policy;
Amendment 150 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d (new)
Article 7 – paragraph 2 – point d (new)
(d) independent third-party audits regarding each of the Annex II actors in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation, as identified by the operator in accordance with Article 4 and 5,
Amendment 151 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e (new)
Article 7 – paragraph 2 – point e (new)
(e) potential or actual risks identified by the operator and action taken by the operator to manage risks during the reporting period in accordance with Article 5,
Amendment 152 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘conflict-affected and high-risk areas’ means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abusesdentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that: (i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars, etc.; and (ii) high-risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterized by widespread human rights abuses and violations of national or international law;
Amendment 152 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f (new)
Article 7 – paragraph 2 – point f (new)
(f) action taken by the operator to strengthen its due diligence efforts during the reporting period.
Amendment 153 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. By 31 March of each year at the latest, the responsible importer of metals within the scope of this RegulationAnnex II type operators shall also submit to the Member State competent authority the following documentation covering the previous year’s calendar period:
Amendment 154 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
Amendment 154 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 155 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 156 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope, objective and principles set out incarried out in accordance with Article 6 of theis Regulation,; and
Amendment 157 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 157 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) 'OECD Due Diligence Guidance' means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013)) including all Council Recommendations, Annexes and Supplements, as may be amended or replaced periodically;
Amendment 158 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) information on the proportion of mineralcovered resources originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased by each of those smelters or refinerscovered resources purchased, as confirmed by the independent third-party audits in accordance with Article 6 of this Regulation.
Amendment 159 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 159 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The responsible importer of minerals or metals within the scope of this RegulationOperators shall make available to itstheir immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence with due regard to business confidentiality and other competitive concerns, in accordance with the OECD Guidance.
Amendment 159 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) 'covered resources' means all natural resources as set out in Annex I, as may be amended periodically in accordance with this Regulation;
Amendment 160 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The responsible importer of minerals or metalsOperators shall publicly disclose in accordance within the scope of this Regulation shall publicly reportOECD Due Diligence Guidance and as widely as possible, including on the internet and on an annual basis on its supply chain due diligence policies and practices for responsible sourcing. The report shall contain the steps taken by the responsible importeoperator to implement the obligations as regards its management system, risk management set out in Article 4 and 5 respectively, as well as a summary report of the third-party audits, including the name of the auditorny independent third-party audits of responsible Annex II actors in the operators’ supply chain, with due regard to business confidentiality and other competitive concerns.
Amendment 161 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Responsible Annex II actors outside the territory of the Union may, for the purpose of being included in a Member State competent authority’s reports under Article 15(1) and the list referred to in Article 8, submit to that authority: (a) documentation in accordance with paragraphs 1 and 3 above, and (b) a written declaration of conformity with the OECD Due Diligence Guidance, also containing its name, address, full contact details and a description of its commercial activities.
Amendment 161 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(ac) 'covered products' means all covered resources and products comprising or containing covered resources;
Amendment 162 #
2014/0059(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
List of responsible smelters and refineAnnex II actors
Amendment 163 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
(ad) 'recycled resources' means reclaimed end-user or post-consumer products, or scrap processed resources created during product manufacturing, including excess, obsolete, defective, and scrap materials which contain refined or processed resources that are appropriate to recycle in the production of any material. Minerals partially processed, unprocessed or a bi-product from another ore are not recycled resources.
Amendment 164 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this RegulationAnnex II actors.
Amendment 165 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 165 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a e (new)
Article 2 – paragraph 1 – point a e (new)
(ae) 'operator' means any natural or legal person that places any covered product on the market for the first time;
Amendment 167 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘grievance mechanism’ means an early- warning risk awareness mechanism allowing any interested party or whistle- blower to voice concerns regarding the circumstances of mineral extractionresource sourcing, trade, handling and export in respect of resources originating in conflict-affected and high-risk areas;
Amendment 167 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refineAnnex II actors that source – at least partially – from conflict- affected and high-risk areas.
Amendment 167 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a f (new)
Article 2 – paragraph 1 – point a f (new)
(af) 'placing on the market' means the supply by any means, irrespective of the selling technique used, of products for the first time on the internal market for distribution or use in the course of commercial activity whether in return for payment or free of charge, including the supply by means of distance communication as defined in Directive 97/7/EC; 'placing on the market' also includes the supply on the internal market of products derived from covered products already placed on the internal market;
Amendment 169 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(j a) ‘Annex II operator’ refers to any operator of the type identified in Annex II;
Amendment 169 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall adopt the list in accordance with the template in Annex II and the regulatory procedure referred to in Article 13(2)I. The OECD Secretariat shall be consulted.
Amendment 170 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner but not less than every six months. The Commission shall remove from the list the names of the smelters and refineAnnex II actors that are no longer recognised as responsible importeAnnex II actors by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers.
Amendment 170 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 171 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j b (new)
Article 2 – paragraph 1 – point j b (new)
(j b) ‘Annex II actor’ refers to any natural or legal person of the type identified in Annex II;
Amendment 173 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j c (new)
Article 2 – paragraph 1 – point j c (new)
(j c) ‘responsible Annex II actor’ refers to any Annex II actor that complies with this Regulation or the OECD Due Diligence Guidance and has submitted audited reports as set out in Article 6 to a member state authority in accordance with Article 7 (3) or 7 (6a);
Amendment 175 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j d (new)
Article 2 – paragraph 1 – point j d (new)
(j d) ‘business confidentiality and other competitiveness concerns’ means price information and supplier relationships without prejudice to subsequent evolving interpretation;
Amendment 175 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'mineralresources supply chain' means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralresources from the extractionsourcing site to their incorporation in the final product;
Amendment 176 #
2014/0059(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13V. The Commission shall update the list regularly.
Amendment 177 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
Amendment 177 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
Amendment 178 #
2014/0059(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Ex-post checks on responsible importeoperators
Amendment 179 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
Amendment 179 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metalthat operators within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 179 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(cb) 'model supply chain policy' means the model supply chain policy in Annex II of the OECD Due Diligence Guidance;
Amendment 180 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importen operator with this Regulation.
Amendment 181 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 181 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) examination of the responsible importeoperator’s implementation of supply chain due diligence obligations including the management system, risk management, independent third-party audit and disclosure,
Amendment 182 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) examination of the reporting requirements in accordance with the scope, objective and principles set out in Article 7,
Amendment 182 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) 'chain of custody or supply chain traceability system' means a system to identify and record of the sequence of entities which have custody of minerals and metalresources as they move through athe supply chain;
Amendment 183 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Responsible importeOperators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation and records.
Amendment 184 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) ‘Member State competent authorities’ means the designated one or more authorities with auditing and investigation competences and knowledge as regards raw materials and industrial processes.
Amendment 184 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.
Amendment 184 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) 'risk management plan' means an operator's written responses to the supply chain risks identified under Article 5 in accordance with its supply chain policy;
Amendment 185 #
2014/0059(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Records of checks on responsible importeoperators
Amendment 186 #
2014/0059(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 187 #
Amendment 188 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 188 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'conflict-affected and high-risk areas' means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abusesdentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that: (i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars etc.; and (ii) high--risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterized by widespread human rights abuses and violations of national or international law;
Amendment 189 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. WThere reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request power to adopt delegated acts referred to in the relevant Articles shall be conferred to the Commission for an indeterminate period of time from the date that this Regulation enters into force.
Amendment 190 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligIn accordance with the OECD Guidance, operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator’s position in the supply chain, the size of the operator, the location of the operator’s activities, the situations including results of the independent third-party audits carried out a particular country, the sector and nature of the products or services involved.
Amendment 190 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 191 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The delegation of powers referred to in the relevant Articles may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 192 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 193 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 c (new)
Article 13 – paragraph 2 c (new)
2c. A delegated act adopted pursuant to the relevant Articles shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 194 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 194 #
2014/0059(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Amending Annex I and Annex II 1. The Commission shall regularly review developments with regard to the contribution of global trade in natural resources to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the scope of Annex I and II, in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to expanding the list of covered resources. Annex II shall be reviewed with a view to identifying additional choke points of transformation and traceability in covered resources supply chains with a view to strengthening supply chain due diligence with regard to all Annex I resources. Such a review shall take place not less than every 6 months. 3. The Commission may adopt delegated acts in order to expand the list of covered resources as stated in paragraph 2. 4. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 5. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 5. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in this Article. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 194 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 197 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In case of an infringement of the provisions of this Regulation, the competent authorities of Member States shall issue a notice of remedial action to be taken by the responsible importeoperator.
Amendment 197 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 198 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 199 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In case of inadequate remedial action by the responsible importeoperator, the competent authority shall issue to the importeoperator a notice of non-recognition of its responsible importer certificate as regards the minerals or metals within the scope of this Regulation compliance and inform the Commission.
Amendment 202 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metalcovered resources potentially originating from conflict- affected and high-risk areas,
Amendment 203 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importersAnnex II actors, as set out in Article 7(1) (a), 7.2 and 7.3 (a) and (c(3) (a)-(b) and 7(7) (a).
Amendment 204 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) incorporate in its supply chain policy the standards against which supply chain due diligence is to be conducted consistent with the standards set forth in the model supply chain policy in Annex II to the OECD Due Diligence Guidance,
Amendment 206 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Three years after the entry into force of this Regulation and every six years thereafter, the Commission shall review the functioning and effectiveness of this Regulation, including on the promotion and cost of responsible sourcing of the mineralresources within its scope from conflict- affected and high-risk areas. The Commission shall submit a review report to the European Parliament and to the Council.
Amendment 207 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) structure its internal management systems to support supply chain due diligence, inter alia, by assigning responsibility to senior staff to oversee the supply chain due diligence process as well as maintain records for a minimum of 5 years,
Amendment 207 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 208 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) establish a system of controls and transparency over the resources supply chain, including the identification of Annex II actors in the supply chain, which may be implemented through participation in industry-driven programmes,
Amendment 209 #
2014/0059(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Accompanying measures 1. In order to effectively break the link between the exploitation of natural resources and conflict and to ensure their responsible sourcing, the Commission and the External Action Service shall implement accompanying measures to this Regulation aimed at the enhancement of responsible sourcing, the effective establishment of national and international due diligence frameworks and related support systems, including reliable certification and traceability systems, and the addressing of development needs linked to (a) the exploitation and trade in natural resources originating from conflict- affected and high-risk areas and (b) the implementation of this Regulation, including: (i) support to companies to responsibly source from conflict-affected and high risk areas providing technical and other assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises and their position in the supply chain, in order to facilitate compliance with the requirements of this Regulation. (ii) targeted, rights-based development cooperation, particularly addressing the challenges of implementing responsible sourcing in the local context of conflict- affected and high risk areas, including poverty reduction, good governance and the security sector; (iii) meaningful policy dialogues on responsible sourcing with third countries and other stakeholders; (iv) close cooperation with the Member States, in particular complementary initiatives in the area of consumer, investor and customer information and when providing technical and other assistance in accordance with point (i). 2. The European Commission and the European External Action Service shall, as appropriate, implement the objectives of accompanying measures through political and policy dialogues, programming, and relevant internal and external policies. Where appropriate, legislative proposals should be presented to the European Parliament and the Council. 3. The European Commission shall present to the European Parliament and to the Council an annual report of the accompanying measures implemented pursuant to this Article and their impact and effectiveness.
Amendment 210 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) strengthen its engagement with suppliers, inter alia, by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidancethe model supply chain policy,
Amendment 212 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) establish a company-level, or industry- wide, grievance mechanism as an early- warning risk- awareness system or provide such mechanism through collaborative arrangements with other companies or organisations, or by facilitating recourse to an external expert or body (e.g. ombudsman),
Amendment 212 #
2014/0059(COD)
Proposal for a regulation
Annex I -- title
Annex I -- title
List of minerals and metalresources within the scope of the Regulation classified under the Combined Nomenclature
Amendment 213 #
2014/0059(COD)
Proposal for a regulation
Annex I -- table
Annex I -- table
Amendment 213 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 214 #
2014/0059(COD)
Proposal for a regulation
Annex Ia (new)
Annex Ia (new)
Annex Ia List of choke points identified in the supply chains of covered resources -‘smelters’ -‘refiners’
Amendment 215 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 215 #
2014/0059(COD)
Proposal for a regulation
Annex II -- title
Annex II -- title
List of responsible smelters and refiners’ template referred to in Article 8Annex Ia actors
Amendment 216 #
2014/0059(COD)
Proposal for a regulation
Annex II
Annex II
Column A: Name of smelters or refinersAnnex Ia actor in alphabetical order Column B: Address of the smelter or refineAnnex Ia actor Column C: Annex Ia category of the actor Column CD: (*) indicator, if the smelter or refiner sources mineralAnnex Ia actor engages in responsible sourcing of resources originating from conflict- affected and high -risk areas
Amendment 217 #
Amendment 219 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 220 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) 'grievance mechanism' means an early- warning risk awareness mechanism allowing any interested party or whistle- blower to voice concerns regarding the circumstances of mineral extractionresource sourcing, trade, handling and export in respect of resources originating in conflict-affected and high-risk areas;
Amendment 223 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) 'Annex II operator' refers to any operator of the type identified in Annex II;
Amendment 224 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. In addition to the obligations set out in paragraph 1, Annex II type operators, shall operate a chain of custody or supply chain traceability system that provides, supported by documentation, the following information: (i) description of the resource including its trade name and type, (ii) name and address of the supplier to the Annex II actors, (iii) country of origin of the resource, (iv) quantities and dates of extraction, expressed in volume or weight, (v) when resources originate from conflict-affected and high-risk areas listed in Annex V, additional information, such as extraction site; locations where resources are consolidated, traded and processed; and taxes, fees, royalties paid, in accordance with the OECD Due Diligence Guidance.
Amendment 225 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j b (new)
Article 2 – paragraph 1 – point j b (new)
(jb) 'Annex II actor' refers to any natural or legal person of the type identified in Annex II;
Amendment 227 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. Where an operator can reasonably conclude that covered products are derived only from recycled resources, it shall: (a) publicly disclose their determination; and (b) describe in reasonable detail the due diligence measures they exercised in making that determination.
Amendment 227 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j c (new)
Article 2 – paragraph 1 – point j c (new)
(jc) 'responsible Annex II actor' refers to any Annex II actor that complies with this Regulation or the OECD Due Diligence Guidance and has submitted audited reports as set out in Article 6 to a Member State authority in accordance with Article 7 (3) or 7 (7);
Amendment 229 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j d (new)
Article 2 – paragraph 1 – point j d (new)
(jd) 'business confidentiality and other competitiveness concerns' means price information and supplier relationships without prejudice to subsequent evolving interpretation;
Amendment 230 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The responsible importer of the minerals or metals within the scope of this Regulation shallEach operator shall, in accordance with the OECD Due Diligence Guidance, identify and assess the risks in its resources supply chain in accordance with Article 4, and:
Amendment 231 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
Amendment 232 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 234 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
Amendment 235 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or mitigate adverse impacts, in accordance with the OECD Due Diligence Guidance, including by,
Amendment 236 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) reporting findings of the supply chain risk assessment to its designated senior management of the operator,
Amendment 237 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) devising and adopting a risk management measures consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidanceplan, considering its ability to influence, and where necessary take steps to put pressurbuild leverage on suppliers who can most effectively prevent or mitigate the identified risk, by making it possible either to
Amendment 238 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Each operator other than an Annex II operator shall identify and assess the risks in its resources supply chain in accordance with paragraph 1 by: (a) identifying, to its best efforts, the Annex II actors in its resources supply chain; (b) assessing, to its best efforts, the due diligence practices of those Annex II actors identified under paragraph 2(a) above on the basis of any available audited reports and/or, as appropriate, other relevant information;
Amendment 238 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 241 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a responsible importen Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall, in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 244 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A responsible importeEach Annex II operator shall, in order to design conflict and high-risk sensitive strategies for mitigation in the risk management plan, relydraw on the measures and indicators under Annex III of the OECD Due Diligence Guidance and measure progressive improvement in accordance with the OECD Due Diligence Guidance.
Amendment 247 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. If an operator other than an Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade it shall, as appropriate and in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 249 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 249 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) 'Member State competent authorities' means the designated one or more authorities with auditing and investigation competences and knowledge as regards raw materials and industrial processes.
Amendment 254 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 256 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) include in the audit scope all of the responsible importeoperator’s activities, processes and systems used to implement supply chain due diligence regarding minerals or metals within the scope of the Regulation, including the responsible importecovered resources, including the operator’s management system, risk management, and disclosure of information,
Amendment 258 #
2014/0059(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 260 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) determine as the objective of the audit the conformity of the responsible importeoperator’s supply chain due diligence practices with Articles 4, 5 and 7 of this Regulation,
Amendment 262 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) respect the audit principles of independence, competence and accountability and any applicable audit scope, criteria and activities, as set out in the OECD Due Diligence Guidance.
Amendment 264 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. All operators may cooperate through their industry organisations to ensure that the independent third-party audit is carried out in accordance with paragraph 2.
Amendment 265 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligIn accordance with the OECD Due Diligence Guidance, operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator's position in the supply chain, the size of the operator, the location of the operator's activities, the situations including results of the independent third-party audits carried out a particular country, the sector and nature of the products or services involved.
Amendment 266 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By 31 March of each year at the latest, the responsible importer of minerals or metals within the scope of this Regulationall operators shall submit to the Member State competent authority the following documentation covering the previous year’s calendar period:
Amendment 270 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 272 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 31 March of each year at the latest, the responsible importer of minerals wioperators other thian the scope of this RegulationAnnex II operators shall also submit to the Member State competent authority the documentation covering the previous year’s calendar period as regards the proportion of minerals originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased, as confirmed by independent third-party audits in accordance with Article 6 of this Regulation.management reports containing the following documentation covering the previous year’s calendar period:
Amendment 273 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 275 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a (new)
Article 7 – paragraph 2 – point a (new)
Amendment 277 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b (new)
Article 7 – paragraph 2 – point b (new)
(b) The operator’s system of control and transparency over the resources supply chain, including the steps taken to identify upstream actors in the supply chain and to assess their due diligence practices;
Amendment 279 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c (new)
Article 7 – paragraph 2 – point c (new)
(c) Name and address of each of the Annex II actors in its supply chain, as identified by the operator in accordance with Article 4 and 5;
Amendment 281 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d (new)
Article 7 – paragraph 2 – point d (new)
(d) Independent third-party audits regarding each of the Annex II actors in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation, as identified by the operator in accordance with Article 4 and 5;
Amendment 282 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 283 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e (new)
Article 7 – paragraph 2 – point e (new)
(e) Potential or actual risks identified by the operator and action taken by the operator to manage risks during the reporting period in accordance with Article 5;
Amendment 285 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f (new)
Article 7 – paragraph 2 – point f (new)
(f) Action taken by the operator to strengthen its due diligence efforts during the reporting period.
Amendment 287 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. By 31 March of each year at the latest, the responsible importer of metals within the scope of this RegulationAnnex II type operators shall also submit to the Member State competent authority the following documentation covering the previous year’s calendar period:
Amendment 288 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metalcovered resources potentially originating from conflict- affected and high-risk areas,
Amendment 290 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
Amendment 292 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope, objective and principles set out incarried out in accordance with Article 6 of theis Regulation,; and
Amendment 292 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) incorporate in its supply chain policy the standards against which supply chain due diligence is to be conducted consistent with the standards set forth in the model supply chain policy in Annex II to the OECD Due Diligence Guidance,
Amendment 294 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) information on the proportion of mineralcovered resources originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased by each of those smelters or refinerscovered resources purchased, as confirmed by the independent third-party audits in accordance with Article 6 of this Regulation.
Amendment 294 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) structure its internal management systems to support supply chain due diligence, inter alia, by assigning responsibility to senior staff to oversee the supply chain due diligence process as well as maintain records for a minimum of 510 years,
Amendment 296 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The responsible importer of minerals or metals within the scope of this RegulationOperators shall make available to itstheir immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence with due regard to business confidentiality and other competitive concerns, in accordance with the OECD Guidance.
Amendment 296 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) establish a system of controls and transparency over the resources supply chain, including the identification of Annex II actors in the supply chain, which may be implemented through participation in industry-driven programmes,
Amendment 298 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) strengthen its engagement with suppliers, inter alia, by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidancethe model supply chain policy,
Amendment 299 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The responsible importer of minerals or metalsOperators shall publicly disclose in accordance within the scope of this Regulation shall publicly reportOECD Due Diligence Guidance and as widely as possible, including on the internet and on an annual basis on its supply chain due diligence policies and practices for responsible sourcing. The report shall contain the steps taken by the responsible importeoperator to implement the obligations as regards its management system, risk management set out in Article 4 and 5 respectively, as well as a summary report of the third-party audits, including the name of the auditorny independent third-party audits of responsible Annex II actors in the operators’ supply chain, with due regard to business confidentiality and other competitive concerns.
Amendment 302 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
Amendment 302 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) establish a company-level, or industry- wide, grievance mechanism as an early- warning risk- awareness system or provide such mechanism through collaborative arrangements with other companies or organisations, or by facilitating recourse to an external expert or body (e.g.the European ombudsman),
Amendment 305 #
2014/0059(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
List of responsible smelters and refineAnnex II actors
Amendment 305 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 307 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this RegulationAnnex II actors.
Amendment 309 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refineAnnex II actors that source – at least partially – from conflict- affected and high-risk areas.
Amendment 311 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall adopt the list in accordance with the template in Annex II and the regulatory procedure referred to in Article 13(2)I. The OECD Secretariat shall be consulted.
Amendment 315 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner but no later than every six months. The Commission shall remove from the list the names of the smelters and refineAnnex II actors that are no longer recognised as responsible importeAnnex II actors by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers.
Amendment 316 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 318 #
2014/0059(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13V. The Commission shall update the list regularly.
Amendment 319 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In addition to the obligations set out in paragraph 1, Annex II type operators, shall operate a chain of custody or supply chain traceability system that provides, supported by documentation, the following information: (i) description of the resource including its trade name and type, (ii) name and address of the supplier to the Annex II actors, (iii) country of origin of the resource, (iv) quantities and dates of extraction, expressed in volume or weight, (v) when resources originate from conflict-affected and high-risk areas listed in Annex V, additional information, such as extraction site; locations where resources are consolidated, traded and processed; and taxes, fees, royalties paid, in accordance with the OECD Due Diligence Guidance.
Amendment 321 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
Where an operator can reasonably conclude that covered products are derived only from recycled resources, it shall: (a) publicly disclose their determination; and (b) describe in reasonable detail the due diligence measures they exercised in making that determination.
Amendment 322 #
2014/0059(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Ex-post checks on responsible importeoperators
Amendment 325 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metalthat operators within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 325 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The responsible importer of the minerals or metals within the scope of this Regulation shallEach operator shall, in accordance with the OECD Due Diligence Guidance, identify and assess the risks in its resources supply chain in accordance with Article 4, and:
Amendment 328 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importen operator with this Regulation.
Amendment 330 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 331 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) examination of the responsible importeoperator’s implementation of supply chain due diligence obligations including the management system, risk management, independent third-party audit and disclosure,
Amendment 333 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(c a) examination of the reporting requirements in accordance with the scope, objective and principles set out in Article 7,
Amendment 333 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or mitigate adverse impacts, in accordance with the OECD Due Diligence Guidance, including by
Amendment 336 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Responsible importeOperators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation and records.
Amendment 336 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) reporting findings of the supply chain risk assessment to its designated senior management of the operator,
Amendment 338 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.
Amendment 338 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) devising and adopting a risk management measures consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidanceplan, considering its ability to influence, and where necessary take steps to put pressurbuild leverage on suppliers who can most effectively prevent or mitigate the identified risk, by making it possible either to
Amendment 340 #
2014/0059(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Records of checks on responsible importeoperators
Amendment 341 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 343 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a responsible importen Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall, in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 346 #
Amendment 348 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A responsible importeEach Annex II operator shall, in order to design conflict and high-risk sensitive strategies for mitigation in the risk management plan, relydraw on the measures and indicators under Annex III of the OECD Due Diligence Guidance and measure progressive improvement in accordance with the OECD Due Diligence Guidance.
Amendment 349 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 13 bis 2 shall be conferred to the Commission for an indeterminate period of time from the date that this Regulation enters into force. 3. The delegation of powers referred to in Article 13 bis 2 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Articles 13 bis 2 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 351 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 352 #
2014/0059(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Amending Annex I and Annex II 1. The Commission shall regularly review developments with regard to the contribution of global trade in natural resources to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the scope of Annex I and II, in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to expanding the list of covered resources. Annex II shall be reviewed with a view to identifying additional choke points of transformation and traceability in covered resources supply chains with a view to strengthening supply chain due diligence with regard to all Annex I resources. Such a review shall take place not less than every 6 months. 3. The Commission may adopt delegated acts in order to expand the list of covered resources as stated in paragraph 2. 4. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 5. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 5. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 13 bis 1. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 354 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. If an operator other than an Annex II operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade it shall, as appropriate and in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 357 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In case of an infringement of the provisions of this Regulation, the competent authorities of Member States shall issue a notice of remedial action to be taken by the responsible importeoperator.
Amendment 357 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 359 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In case of inadequate remedial action by the responsible importeoperator, the competent authority shall issue to the importeoperator a notice of non-recognition of its responsible importer certificate as regards the minerals or metals within the scope of this Regulation compliance and inform the Commission.
Amendment 364 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 365 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importersAnnex II actors, as set out in Article 7(1) (a), 7.2 and 7.3 (a) and (c(3) (a)-(b) and 7(6a) (a).
Amendment 367 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Three years after the entry into force of this Regulation and every six years thereafter, the Commission shall review the functioning and effectiveness of this Regulation, including on the promotion and cost of responsible sourcing of the mineralresources within its scope from conflict- affected and high-risk areas. The Commission shall submit a review report to the European Parliament and to the Council.
Amendment 368 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) include in the audit scope all of the responsible importeoperator's activities, processes and systems used to implement supply chain due diligence regarding minerals or metals within the scope of the Regulation, including the responsible importecovered resources, including the operator's management system, risk management, and disclosure of information,
Amendment 370 #
2014/0059(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Accompanying measures 1. In order to effectively break the link between the exploitation of natural resources and conflict and to ensure their responsible sourcing, the Commission and the European External Action Service shall implement accompanying measures to this Regulation aimed at the enhancement of responsible sourcing, the effective establishment of national and international due diligence frameworks and related support systems, including reliable certification and traceability systems, and the addressing of development needs linked to (i) the exploitation and trade in natural resources originating from conflict- affected and high-risk areas and (ii) the implementation of this Regulation, including: a. Support to companies to responsibly source from conflict-affected and high risk areas providing technical and other assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises and their position in the supply chain, in order to facilitate compliance with the requirements of this Regulation. b. Targeted, rights-based development cooperation, particularly addressing the challenges of implementing responsible sourcing in the local context of conflict- affected and high risk areas, including poverty reduction, good governance and the security sector; c. Meaningful policy dialogues on responsible sourcing with third countries and other stakeholders. d. Close cooperation with the Member States, in particular complementary initiatives in the area of consumer, investor and customer information and when providing technical and other assistance according to paragraph 1 (a). 2. The European Commission and the European External Action Service shall, as appropriate, implement the objectives of accompanying measures through political and policy dialogues, programming, and relevant internal and external policies. Where appropriate, legislative proposals should be presented to the European Parliament and the Council. 3. The European Commission shall present to the European Parliament and to the Council an annual report of the accompanying measures implemented pursuant to this Article and their impact and effectiveness.
Amendment 373 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) determine as the objective of the audit the conformity of the responsible importeoperator's supply chain due diligence practices with Articles 4, 5 and 7 of this Regulation,
Amendment 378 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) respect the audit principles of independence, competence and accountability and any applicable audit scope, criteria and activities, as set out in the OECD Due Diligence Guidance.
Amendment 382 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
All operators may cooperate through their industry organizations to ensure that the independent third-party audit is carried out in accordance with paragraph 2.
Amendment 383 #
2014/0059(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 385 #
2014/0059(COD)
Proposal for a regulation
Annex II (new)
Annex II (new)
Annex II List of choke points identified in the supply chains of covered resources -’smelters’ -’refiners’
Amendment 387 #
2014/0059(COD)
Proposal for a regulation
Annex III
Annex III
Annex III List of responsible Annex II actors Column A: Name of Annex II actor in alphabetical order Column B: Address of Annex II actor Column C: Annex II category of the actor Column D: (*) indicator, if the Annex II actor engages in responsible sourcing of resources originating from conflict- affected and high-risk areas
Amendment 388 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By 31 March of each year at the latest, the responsible importer of minerals or metals within the scope of this Regulationall operators shall submit to the Member State competent authority the following documentation covering the previous year's calendar period:
Amendment 389 #
2014/0059(COD)
Proposal for a regulation
Annex IV
Annex IV
Annex IV List of Member State competent authorities template referred to in Article 9 Column A: Name of Member State in alphabetical order Column B: Name of the competent authority Column C: Address of the competent authority
Amendment 394 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 398 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 31 March of each year at the latest, the responsible importer of minerals wioperators other thian the scope of this RegulationAnnex II operators shall also submit to the Member State competent authority the documentation covering the previous year's calendar period as regards the proportion of minerals originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased, as confirmed by independent third-party audits in accordance with Article 6 of this Regulation.management reports containing the following documentation covering the previous year's calendar period:
Amendment 408 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a (new)
Article 7 – paragraph 2 – point a (new)
(a) the operator's supply chain due diligence policy, including the operator's management structure responsible for its due diligence and the person directly responsible;
Amendment 409 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b (new)
Article 7 – paragraph 2 – point b (new)
(b) the operator's system of control and transparency over the resources supply chain, including the steps taken to identify upstream actors in the supply chain and to assess their due diligence practices;
Amendment 410 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c (new)
Article 7 – paragraph 2 – point c (new)
(c) name and address of each of the Annex II actors in its supply chain, as identified by the operator in accordance with Article 4 and 5;
Amendment 411 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d (new)
Article 7 – paragraph 2 – point d (new)
(d) independent third-party audits regarding each of the Annex II actors in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation, as identified by the operator in accordance with Article 4 and 5;
Amendment 412 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e (new)
Article 7 – paragraph 2 – point e (new)
(e) potential or actual risks identified by the operator and action taken by the operator to manage risks during the reporting period in accordance with Article 5;
Amendment 413 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f (new)
Article 7 – paragraph 2 – point f (new)
(f) action taken by the operator to strengthen its due diligence efforts during the reporting period.
Amendment 414 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. By 31 March of each year at the latest, the responsible importer of metals within the scope of this RegulationAnnex II type operators shall also submit to the Member State competent authority the following documentation covering the previous year's calendar period:
Amendment 419 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
Amendment 423 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope, objective and principles set out incarried out in accordance with Article 6 of theis Regulation,; and
Amendment 428 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) information on the proportion of mineralcovered resources originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased by each of those smelters or refinerscovered resources purchased, as confirmed by the independent third-party audits in accordance with Article 6 of this Regulation.
Amendment 431 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The responsible importer of minerals or metals within the scope of this RegulationOperators shall make available to itstheir immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence with due regard to business confidentiality and other competitive concerns, in accordance with the OECD Due Diligence Guidance.
Amendment 436 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The responsible importer of minerals or metalsOperators shall publicly disclose in accordance within the scope of this Regulation shall publicly reportOECD Due Diligence Guidance and as widely as possible, including on the internet and on an annual basis on its supply chain due diligence policies and practices for responsible sourcing. The report shall contain the steps taken by the responsible importeoperator to implement the obligations as regards its management system, risk management set out in Article 4 and 5 respectively, as well as a summary report of the third-party audits, including the name of the auditorny independent third-party audits of responsible Annex II actors in the operators' supply chain, with due regard to business confidentiality and other competitive concerns.
Amendment 441 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Responsible Annex II actors outside the territory of the European Union may, for the purpose of being included in a Member State competent authority's reports under Article 15(1) and the list referred to in Article 8, submit to that authority: (a) documentation in accordance with paragraphs 1 and 3 above; and (b) a written declaration of conformity with the OECD Due Diligence Guidance, also containing its name, address, full contact details and a description of its commercial activities.
Amendment 447 #
2014/0059(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
List of responsible smelters and refineAnnex II actors
Amendment 451 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this RegulationAnnex II actors.
Amendment 455 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refineAnnex II actors that source – at least partially – from conflict- affected and high-risk areas.
Amendment 459 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall adopt the list in accordance with the template in Annex II and the regulatory procedure referred to in Article 13(2)I. The OECD Secretariat shall be consulted.
Amendment 461 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner but no later than every six months. The Commission shall remove from the list the names of the smelters and refineAnnex II actors that are no longer recognised as responsible importeAnnex II actors by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers.
Amendment 470 #
2014/0059(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13. The Commission shall update the list regularly.
Amendment 472 #
2014/0059(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Ex-post checks on responsible importeoperators
Amendment 476 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metalthat operators within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 482 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importen operator with this Regulation.
Amendment 488 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) examination of the responsible importeoperator's implementation of supply chain due diligence obligations including the management system, risk management, independent third-party audit and disclosure,
Amendment 494 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) examination of the reporting requirements in accordance with the scope, objective and principles set out in Article 7,
Amendment 497 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Responsible importeOperators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation and records.
Amendment 502 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.
Amendment 505 #
2014/0059(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Records of checks on responsible importeoperators
Amendment 516 #
Amendment 519 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 523 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The power to adopt delegated acts referred to in Article 14 shall be conferred to the Commission for an indeterminate period of time from the date that this Regulation enters into force.
Amendment 526 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. The delegation of powers referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 528 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
1c. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 530 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1 d (new)
Article 13 – paragraph 1 d (new)
1d. A delegated act adopted pursuant to Articles 14 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 531 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 540 #
2014/0059(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Amending Annex I and Annex II 1. The Commission shall regularly review developments with regard to the contribution of global trade in natural resources to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the scope of Annex I and II, in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to expanding the list of covered resources. Annex II shall be reviewed with a view to identifying additional choke points of transformation and traceability in covered resources supply chains with a view to strengthening supply chain due diligence with regard to all Annex I resources. Such a review shall take place not less than every 6 months. 3. The Commission may adopt delegated acts in order to expand the list of covered resources as stated in paragraph 2. 4. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 5. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 5. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 13 bis1. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 545 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In case of an infringement of the provisions of this Regulation, the competent authorities of Member States shall issue a notice of remedial action to be taken by the responsible importeoperator.
Amendment 555 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importersAnnex II actors, as set out in Article 7(1) (a), 7.2 and 7.3 (a) and (c(3) (a)-(b) and 7(7) (a).
Amendment 558 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Three years after the entry into force of this Regulation and every six years thereafter, the Commission shall review the functioning and effectiveness of this Regulation, including on the promotion and cost of responsible sourcing of the mineralresources within its scope from conflict- affected and high-risk areas. The Commission shall submit a review report to the European Parliament and to the Council.
Amendment 563 #
2014/0059(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Accompanying measures 1. In order to effectively break the link between the exploitation of natural resources and conflict and to ensure their responsible sourcing, the Commission and the External Action Service shall implement accompanying measures to this Regulation aimed at the enhancement of responsible sourcing, the effective establishment of national and international due diligence frameworks and related support systems, including reliable certification and traceability systems, and the addressing of development needs linked to: (a) the exploitation and trade in natural resources originating from conflict- affected and high-risk areas and (b) the implementation of this Regulation, including: (i) support to companies to responsibly source from conflict-affected and high risk areas providing technical and other assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises and their position in the supply chain, in order to facilitate compliance with the requirements of this Regulation. (ii) targeted, rights-based development cooperation, particularly addressing the challenges of implementing responsible sourcing in the local context of conflict- affected and high risk areas, including poverty reduction, good governance and the security sector; (iii) meaningful policy dialogues on responsible sourcing with third countries and other stakeholders. (iv) close cooperation with the Member States, in particular complementary initiatives in the area of consumer, investor and customer information and when providing technical and other assistance according to paragraph 1 (a). 2. The European Commission and the European External Action Service shall, as appropriate, implement the objectives of accompanying measures through political and policy dialogues, programming, and relevant internal and external policies. Where appropriate, legislative proposals should be presented to the European Parliament and the Council. 3. The European Commission shall present to the European Parliament and to the Council an annual report of the accompanying measures implemented pursuant to this Article and their impact and effectiveness.
Amendment 568 #
2014/0059(COD)
Proposal for a regulation
Annex I – product description – rows 17 a to 17 n (new)
Annex I – product description – rows 17 a to 17 n (new)
Chrome Hard coal Cobalt Copper Diamonds Gold Jade Lapis Lazuli Rare Earths Rubies Sapphire Tantalum Tin Tungsten
Amendment 574 #
2014/0059(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex II a List of choke points identified in the supply chains of covered resources - 'smelters' - 'refiners' - 'foundries' - 'raw material exchanges' - 'diamond and gemstone exchanges'
Amendment 576 #
2014/0059(COD)
Proposal for a regulation
Annex II b (new)
Annex II b (new)
Annex IIb List of responsible Annex II actors Column A: Name of Annex II actor in alphabetical order Column B: Address of Annex II actor Column C: Annex II category of the actor Column D: Indicator, if the Annex II actor engages in responsible sourcing of resources originating from conflict- affected and high-risk areas
Amendment 13 #
2013/0435(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 192 thereof,
Amendment 19 #
2013/0435(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In its Communication of 2 February 2000 the Commission stressed the importance of the precautionary principle.
Amendment 38 #
2013/0435(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Novel foods are subject to the general labelling requirements laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers and other relevant labelling requirements in Union food law. In certain cases it may be necessary to provide for additional labelling information, in particular regarding the description of the food, its source or its conditions of use to ensure that consumers are sufficiently informed of the nature of the novel food. Therefore, when a novel food is included in the Union list or in the list of traditional foods from third countries, specific conditions of use or labelling obligations may be imposed, which might, inter alia, relate to any specific characteristic or food property, such as composition, nutritional value or nutritional effects and intended use of the food, or to ethical considerations or implications for the health of specific groups of the population. It is appropriate to lay down in this Regulation specific labelling obligations in respect of food ingredients present in the form of engineered nanomaterials which fall within the scope of this Regulation.
Amendment 46 #
2013/0435(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) food falling within the scope of Council Directive XXX/XX/EU on [on the placing on the market of food from animal clones]. Until Council Directive XXX/XX/EU on [on the placing on the market of food from animal clones] enters into force, foods derived from cloned animals and their descendants shall not be authorised and/or placed on the Union list of novel foods authorised to be placed on the market within the Union.
Amendment 55 #
2013/0435(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) ‘cloned animals’ means animals produced by means of a method of asexual, artificial reproduction with the aim of producing a genetically identical or nearly identical copy of an individual animal;
Amendment 56 #
2013/0435(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(eb) ‘descendants of cloned animals’ means animals produced by means of sexual reproduction, in cases in which at least one of the progenitors is a cloned animal;
Amendment 66 #
2013/0435(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) where relevant, no significant risk for animal health and welfare or for the environment has been established.
Amendment 76 #
2013/0435(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission mayshall request EFSA to render its opinion if the update is liable to have an effect on human health, animal health and welfare, or the environment.
Amendment 107 #
2013/0435(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. Until Council Directive XXX/XX/EU on [on the placing on the market of food from animal clones] enters into force, foods derived from cloned animals and their descendants shall not be authorised and/or placed on the Union list of novel foods authorised to be placed on the market within the Union.
Amendment 11 #
2013/0432(COD)
Proposal for a directive
–
–
The Committee on International Trade calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose that the Commission proposal be rejected.
Amendment 14 #
2013/0432(COD)
Proposal for a directive
Recital 6
Recital 6
(6) A list of behaviour which should be considered as infringing Union customsnational and Union legislation and may give rise to sanctions should be established for each Member State. Those customs infringements should be fully basedbased in part on the obligations stemming from the customs legislation with direct references to the Code. This Directive does not determine whether Member States should apply administrative or criminal law sanctions in respect of those customs infringements, that being a matter for Member States themselves.
Amendment 16 #
2013/0432(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 134 #
2012/0288(COD)
Council position
Recital 15
Recital 15
(15) The estimated indirect land-use change emissions should be included in the reporting by the Commission of greenhouse gas emissions from biofuels undercount toward the targets in Directives 98/70/EC and 2009/28/EC to provide incentives for biofuels with low indirect land-use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions. Indirect land-use change emissions should also be taken into account when calculating the greenhouse gas emissions savings required as set out in Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor.
Amendment 197 #
2012/0288(COD)
Council position
Article 1 – point 5 – point -a (new)
Article 1 – point 5 – point -a (new)
Directive 98/70/EC
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows: (a) where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in Ppart A or B of Annex IV and where the el value for those biofuels calculated in accordance with point 7 of Ppart C of Annex IV is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in Ppart C of Annex IV; or adding the estimates for indirect land-use change emissions set out in Annex V; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of Ppart C of Annex IV, where disaggregated default values in Ppart D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Ppart C of Annex IV, for all other factors., adding the estimates for indirect land-use change emissions set out in Annex V." For the purposes of Article 7a, from 2017 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph."
Amendment 239 #
2012/0288(COD)
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops and other energy crops grown on land, sugars and oil crops shall be no more than 74 % of the final consumption of energy in transport in the Member States in 2020;
Amendment 290 #
2012/0288(COD)
Council position
Article 2 – point 2 – point b – point d a (new)
Article 2 – point 2 – point b – point d a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
(da) the following paragraph is added: "4a. With a view to meeting the target set in paragraph 4, Member States shall reduce overall energy consumption in the transport sector so as to increase energy efficiency in that sector by at least 12% with respect to their current projections for overall energy consumption in the transport sector by 2020."
Amendment 324 #
2012/0288(COD)
Council position
Article 2 – point 7 – point -a (new)
Article 2 – point 7 – point -a (new)
Directive 2009/28/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) paragraph 1 is replaced by the following: “ 1. For the purposes of Article 17(2), the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V; or adding the estimates for indirect land-use change emissions set out in Annex VIII; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors., adding the estimates for indirect land-use change emissions set out in Annex VIII."
Amendment 353 #
2012/0288(COD)
Council position
Annex I – point -1 (new)
Annex I – point -1 (new)
Directive 98/70/EC
Annex IV – part C – point 1
Annex IV – part C – point 1
(-1) point 1 of Part C of Annex IV is replaced by the following: “1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: EB = eec + eldl + eiluc + ep + etd + eu – esca – eccs – eccr – eee ,ee; where EB = total emissions from the use of the biofuel; eec = emissions from the extraction or cultivation of raw materials; edl = annualised emissions from carbon stock changes caused by direct land-use change; eiluc = annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account.”
Amendment 357 #
2012/0288(COD)
Annex I – point 1 a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(1a) The following point is added to part C of Annex IV: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex V."
Amendment 365 #
2012/0288(COD)
Council position
Annex II – point -1 (new)
Annex II – point -1 (new)
Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
Amendment 372 #
2012/0288(COD)
Council position
Annex II – point 1 a (new)
Annex II – point 1 a (new)
Directive 2009/28/EC
Annex V – part C – point 19 a (new)
Annex V – part C – point 19 a (new)
(1a) The following point is added in part C of Annex V: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex VIII."
Amendment 387 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – title
Annex IX – part A – title
Part A. Feedstocks and fuels, thfrom waste and residues whose contribution of which towards the target(s) referred to in Article 3(4) shall be considered to be twice their energy content and which contribute towards the 2,5% target referred to in Article 3(d)(i)
Amendment 392 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point a
Annex IX – part A – point a
Amendment 395 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point b
Annex IX – part A – point b
(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) ofor separate collection under Article 11(2) (a) of Directive 2008/98/EC. of 19 November 2008 on waste and repealing certain Directives; derogations may be granted by Member States for separate biowaste when processes allow the production of both compost and biofuels.
Amendment 397 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point c
Annex IX – part A – point c
Amendment 399 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point d
Annex IX – part A – point d
(d) Biomassdegradable fraction of industrial waste not fit for use in the food or feed chain, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annex., retail and wholesale waste, but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC, and provided that the waste hierarchy and the principle of cascading use are respected
Amendment 412 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point i
Annex IX – part A – point i
Amendment 415 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n
Annex IX – part A – point n
(n) Cobs cleaned of kernels of corn.
Amendment 417 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point o
Annex IX – part A – point o
(o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre- commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oilark, branches, leaves, saw dust and cutter shavings. Only sustainable quantities of these feedstocks, which do not undermine soil fertility and ecosystem services, can be removed.
Amendment 424 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point p
Annex IX – part A – point p
Amendment 426 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point q
Annex IX – part A – point q
Amendment 448 #
2012/0288(COD)
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annexe IX – part B a (new)
Annexe IX – part B a (new)
Part Ba. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content and which contribute towards the 2,5% target referred to in Article 3(d)(i) (a) Algae (autotrophic) (b) Renewable liquids and gaseous fuels of non-biological origin (c) Bacteria