Activities of Clara AGUILERA related to 2021/0366(COD)
Plenary speeches (1)
Deforestation Regulation (debate)
Shadow opinions (1)
OPINION on the proposal for a Regulation of the European Parliament and of the Council on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010
Amendments (56)
Amendment 45 #
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including where necessary to ascertain no or negligible risk of deforestation, the geo-location coordinates of relevant plots of land. These gGeo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this informatione data available for the country and the production area, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 48 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Operators have the responsibility to undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.
Amendment 51 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to foster transparency and facilitate enforcement, operators which are not SMEsmall and micro-enterprises should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.
Amendment 58 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to optimise and unburdenease the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and additional burdenfacilitate the processes for customs authorities should be limited. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The present Regulation will take into account the specificity of each relevant commodity regarding its production chain.
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural or other type of land uses, whether human-induced or not;
Amendment 75 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already placed on the market ismay not be in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market, as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on, or export from, the internal market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 78 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new relevant information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7 b. Operators should by any means support the compliance of their suppliers, including smallholders, with the regulation, including through investments and capacity building as well as pricing mechanisms that would enable a living income for the producers they source from.
Amendment 85 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and products on the market or before exporting them, operators shall exercisecarry out a due diligence system with regard to all relevant commodities and products supplied by each particular supplier in such a way as to ensure the requirements set out in points (a) and (b) of Article 3..
Amendment 88 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purposes of this Regulation, the due diligence system shall include:
Amendment 89 #
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) records of the activity referred to in Article 11.
Amendment 93 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. the undertaking’s commitment, sourcing and risk management policies as referred to in Article 10(6).
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from birth to slaughter or obtained on relevant plot of land;
Amendment 98 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country or region of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violation of rights of, or violence against, Indigenous Peoples, local communities or other customary tenure rights holders, as well as human rights and environmental human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 101 #
Proposal for a regulation
Article 10 – paragraph 2 – point e b (new)
Article 10 – paragraph 2 – point e b (new)
(e b) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products;
Amendment 105 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(f a) the prevalence of business practices, such as purchasing and pricing practices, that undermine the capacity of farmers to produce relevant commodities and products in a manner consistent with the requirements of this Regulation;
Amendment 113 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted ensuring the participation and consultation of Indigenous Peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new relevant information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 117 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(a a) The reference number of the due diligence statement or statements assigned by the information system referred to in Article 31 in relation to all the relevant commodities or products that have been supplied to them;
Amendment 119 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new relevant information, including substantiated concerns, that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.
Amendment 122 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and products on the market or before exporting them, operators shall exercisecarry out a due diligence system with regard to all relevant commodities and products supplied by each particular supplier in such a way as to ensure the requirements set out in points (a) and (b) of Article 3..
Amendment 123 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purposes of this Regulation, the due diligence system shall include:
Amendment 124 #
Proposal for a regulation
Article 8 – paragraph 2 – point -a (new)
Article 8 – paragraph 2 – point -a (new)
(-a) the undertaking’s commitment, sourcing and risk management policies as referred to in Article 10(6).
Amendment 124 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, if the operator obtains or is made aware of any relevant information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
Amendment 125 #
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) records of the activity referred to in Article 11.
Amendment 127 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3, taking into account its compatibility and respect with the local legislations. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to the relevant commodities or products, supported by evidence:
Amendment 129 #
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Amendment 130 #
Proposal for a regulation
Article 12 e (new)
Article 12 e (new)
Article 12 e Relation with other Due diligence requirements Due diligence obligations under this Regulation shall apply independently and without prejudice to any other Union due diligence or sustainability obligations. This regulation shall not modify requirements stemming from other Union sustainability or due diligence legislation.
Amendment 131 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end, both for the relevant commodities or products concerned and all others with the same risk profile.
Amendment 132 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products were produced, as well as date or time range of production;in particular with regard to cattle, operators shall collect all the necessary information linking these geo-localisation coordinates to the actual identification and traceability information of the commodities and products concerned;
Amendment 137 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information throughout the supply chain ensuring that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;
Amendment 138 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall include at least one or more of the following:
Amendment 140 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) donating it to charitable or public interest purposes or destroying the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 143 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcomings in the due diligence system which may have led to the non-compliance, in view of preventing the risk of further infringements.
Amendment 146 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to take satisfactory corrective action referred to in paragraph 2 or wherewithin the specified period of time or where to remedy the non- compliance referred to in paragraph 1 persists, competent authorities shall ensure that relevant commodity or the product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 147 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay downFor having equal standards in the European Union, the Commission shall provide by implementing rules on penalties applicable to infringements of the provisions of this Regulation by operators and traders and. Member States shall take all measures necessary to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.
Amendment 151 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them;
Amendment 153 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(d b) recall of relevant commodities or products offered for sale including at retailers;
Amendment 159 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourone years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 161 #
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Maintenance of dDue diligence systems development. Maintenance and record keeping
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. Subtitle: Due diligence system development.
Amendment 163 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a) and (b). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 165 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Subtitle: Maintenance and record keeping
Amendment 166 #
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1 b. 1. The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 172 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, if the operator obtains or is made aware of any relevant information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
Amendment 198 #
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Enhanced scrutinyIncreased controls according to risk
Amendment 200 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end, both for the relevant commodities or products concerned and all others with the same risk profile.
Amendment 204 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall include at least one or more of the following:
Amendment 206 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) donating it to charitable or public interest purposes or destroying the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 215 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned at the request of the Commission and be based on the following assessment criteria:
Amendment 221 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation as well as with those who are engaged with VPA FLEGT processes to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Partnerships may also include mechanisms to exchange with the demand-side all the information that guarantees compliance with this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 226 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit substantiated concerns together with supporting documents to competent authorities when they deem, based on objective circumstances, that one or more operators or traders are failing to comply with the provisions of this Regulation.
Amendment 230 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. Competent authorities shall prioritize substantiated concerns related to the non-compliance of Article 3.b, when based on condemning verdicts or even ongoing legal complaints, initiated on the country of origin, by local communities, NGO or any other pertinent stakeholder.
Amendment 231 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possible and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observatiosubstantial concerns to the authority, of its decision to accede to or refuse the request for action and shall provide the reasons for it.
Amendment 232 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. In order to facilitate the transmission on substantiated concerns from natural or legal persons from producer countries, and especially from local communities, the Commission shall establish a centralized communication procedure that may channel those concerns to the relevant Member States. This procedure may be complementary to those established by competent authorities.