BETA

46 Amendments of Hilde VAUTMANS related to 2014/0059(COD)

Amendment 24 #
Proposal for a regulation
Recital 2
(2) The issue concerns resource-rich regions where the challenge posed by the desire to minimiseshut off the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations.
2015/02/03
Committee: DEVE
Amendment 27 #
Proposal for a regulation
Recital 7
(7) On 7 October 2010In its resolutions of 7 October 20109a, of 8 March 20119b, of 5 July 20119c and of 26 February 20149d, the European Parliament passed a Resolution callinged for the Union to legislate along the lines of the US 'conflict minerals’ law alias Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and the Commission announced in its Communications of 20119 and 201210 its intention to explore ways of improving transparency throughout the supply chain, including aspects of due diligence. In the latter communication and in line with the commitment it had made at the May 2011 OECD Ministerial Council, the Commission also advocated greater support for and use of the OECD Guidelines for Multinational Enterprises, and of the OECD Due Diligence Guidance – even outside the OECD membership. _____________ 9aEuropean Parliament resolution of 7 October 2010 on failures in protection of human rights and justice in the Democratic Republic of Congo. 9bEuropean Parliament resolution of 8 March 2011 on Tax and Development – Cooperating with Developing Countries on Promoting Good Governance in Tax Matters. 9cEuropean Parliament resolution of 5 July 2011 on increasing the impact of EU development policy. 9dEuropean Parliament resolution of 26 February 2014 on promoting development through responsible business practices, including the role of extractive industries in developing countries. __________________ 10 Trade, growth and development, COM(2012) 22 final.
2015/02/03
Committee: DEVE
Amendment 33 #
Proposal for a regulation
Recital 9
(9) In the context of this Regulation, and in accordance with the OECD 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 ensuringupstream and downstream of the supply chain with a view to ensuring that they do not give rise to human rights abuses and that they do not contribute to conflict and adverse impacts thereof.
2015/02/03
Committee: DEVE
Amendment 40 #
Proposal for a regulation
Recital 13
(13) Smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assurbetter placed byto collecting, disclosinge 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, which themselves must comply, depending on their position in the supply chain, with due diligence practices as defined in this Regulation and the OECD Guidance.
2015/02/03
Committee: DEVE
Amendment 45 #
Proposal for a regulation
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance of 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 obligations. Records of such checks should be kept for at least 5 years. Member States areThe Commission is responsible to lay down the rules applicable to infringements of the provisions of this Regulation and to notify those rules to the Member States.
2015/02/03
Committee: DEVE
Amendment 49 #
Proposal for a regulation
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 refinimporters 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).
2015/02/03
Committee: DEVE
Amendment 52 #
Proposal for a regulation
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 measuresust make it possible periodically to bring this Regulation into line with the situation on the ground.
2015/02/03
Committee: DEVE
Amendment 53 #
Proposal for a regulation
Recital 16 a (new)
(16a) The Commission and the Vice- President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy should submit a legislative proposal setting out effective flanking measures. That legislative proposal will supplement the joint communication to the European Parliament and the Council annexed to this Regulation.
2015/02/03
Committee: DEVE
Amendment 54 #
Proposal for a regulation
Recital 16 b (new)
(16b) Once this Regulation has been adopted, the flanking measures should be implemented so that this Regulation can achieve its aims in conflict-affected and high-risk areas. These flanking measures should strengthen the ongoing political dialogue with the mineral-rich countries, make for closer harmonisation between national, regional and international certification systems and enhance international coordination in the area of due diligence practices.
2015/02/03
Committee: DEVE
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self-mandatory certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and golderadicate trading in minerals and metals by armed groups and security forces12. It is designed to provide transparency and certainty as regards the supply practices of importers, in particular 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/10.1787/978926418505011158- en.
2015/02/03
Committee: DEVE
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation lays down the supply chain due diligence obligations of all Union importers who choose to be self-certified as responsible importers of minerals or metals containsource minerals and metals falling within the scope of this Regulation, in accordance with the OECD Guidance. It is designed to guarantee transparency and traceability in respect of their sourcing practices in conflict- affected or high-risk areas, ing or consisting of tin, tantalum, tungsten and gold, as set out in Annex Ider to minimise or prevent violent conflicts and human rights abuses by curtailing the opportunities for armed groups and security forces, as defined in Annex II to the OECD Due Diligence Guidance, to trade in these minerals and metals.
2015/02/03
Committee: DEVE
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. This Regulation shall apply to undertakings at all points in the minerals and metals supply chain which may supply or use minerals or metals from conflict-affected or high-risk areas.
2015/02/03
Committee: DEVE
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
2b. In order to prevent unintended distortions of the market, this Regulation shall draw a distinction between the roles of undertakings situated upstream of and those situated downstream from the supply chain. The exercise of due diligence must be tailored to the activities of the undertaking in question and its position in the supply chain.
2015/02/03
Committee: DEVE
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 2 c (new)
2c. It shall be for the Commission, working with certification bodies and in accordance with the OECD Guidance, to lay down the obligations to be met by importers, depending on their position in the supply chain, and to ensure that the certification system involves a flexible procedure which does not jeopardise the competitiveness of importers, in particular SMUs.
2015/02/03
Committee: DEVE
Amendment 73 #
Proposal for a regulation
Article 2 – point b a (new)
(ba) ‘minerals and metals within the scope of the Regulation’ means all minerals and metals falling within the scope of this Regulation and of the OECD Guidance.
2015/02/03
Committee: DEVE
Amendment 76 #
Proposal for a regulation
Article 2 – point c a (new)
(ca) ‘OECD 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, which may be periodically modified or replaced.
2015/02/03
Committee: DEVE
Amendment 82 #
Proposal for a regulation
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’ are identified by the presence of armed conflict, widespread violence or other risks of harm to people. There are several types of armed conflict: international (which may involve two or more states) or non-international, wars of liberation, insurgencies, etc.; High-risk areas are characterised by political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, and also widespread human rights abuses and violations of international law, including human rights abuses;or international law.
2015/02/03
Committee: DEVE
Amendment 85 #
Proposal for a regulation
Article 2 – point f a (new)
(fa) ‘downstream undertakings’ means metal traders and exchanges, component manufacturers, product manufacturers, original equipment manufacturers and retailers.
2015/02/03
Committee: DEVE
Amendment 87 #
Proposal for a regulation
Article 2 – point g
(g) 'importer' means any natural or legal person decplarcing on the market for the first time minerals or metals within the scope of this Regulation for release for free circulation within the meaning of Article 79 of Council Regulation (EEC) No 2913/199213; __________________ 13Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
2015/02/03
Committee: DEVE
Amendment 89 #
Proposal for a regulation
Article 2 – point h
(h) 'responsible importer' means any importer who chooses to self-certify according toomplies with the rules set out in this Regulation;
2015/02/03
Committee: DEVE
Amendment 91 #
Proposal for a regulation
Article 2 – point i
(i) 'self-‘European responsible importer certification'e’ means the act of declaring one's adherence to the obligations relating to management systems, risk management, third-party audits and disclosure adocument issued by the competent authorities to any importer who undertakes to observe the rules set out in this Regulation;
2015/02/03
Committee: DEVE
Amendment 100 #
Proposal for a regulation
Article 2 – point n a (new)
(na) ‘upstream undertakings’ means miners (artisanal and small-scale or large-scale producers), local traders or exporters from the country of mineral origin, international concentrate traders, mineral reprocessors and smelters/refineries.
2015/02/03
Committee: DEVE
Amendment 101 #
Proposal for a regulation
Article 2 – point o
(o) 'supply chain due diligence' refers to the obligations of responsible importers of tmin, tantalum and tungsten, their ores, and golderals and metals falling within the scope of this Regulation and the OECD Guidance in relation to their management systems, risk management, third-party audits and disclosure of information with a view to identifying and addressing actual and potential risks linked to conflict- affected and high risk-areas to prevent or mitigate adverse impacts associated with their sourcing activities and ensuring that the latter do not contribute to the illegal trade in minerals and the funding of conflicts and do not give rise to human rights abuses;
2015/02/03
Committee: DEVE
Amendment 103 #
Proposal for a regulation
Article 2 – point q a (new)
(qa) ‘armed groups and security forces’ means groups as defined in Annex II to the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High Risk Areas.
2015/02/03
Committee: DEVE
Amendment 105 #
Proposal for a regulation
Article 3 – title
Self-certification as a responsible importerMonitoring compliance with the provisions of this regulation
2015/02/03
Committee: DEVE
Amendment 106 #
Proposal for a regulation
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 obligations including results of the independent third-party audits carried out.Deleted
2015/02/03
Committee: DEVE
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 2
2. The Member State competent authorities shall carry out appropriate ex-post checks in order to ensure that self-certified responsible importers of the minerals or metals within the scope of this Regulation comply with their obligations pursuant to Articles 4, 5, 6, and 7 of this Regulation.
2015/02/03
Committee: DEVE
Amendment 114 #
Proposal for a regulation
Article 4 – introductory part
The responsibleEach importer of the minerals orand metals within the scope of this Regulation shall, in accordance with OECD guidelines:
2015/02/03
Committee: DEVE
Amendment 116 #
Proposal for a regulation
Article 4 – point a
(a) adopt and clearly and systematically communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict- affected and high-risk areas,
2015/02/03
Committee: DEVE
Amendment 124 #
Proposal for a regulation
Article 4 – point g – point iii
(iii) name and address of the smelters or refiners and/or any other intermediary in the importers' supply chain,;
2015/02/03
Committee: DEVE
Amendment 125 #
Proposal for a regulation
Article 4 – point g – point iv
(iv) record of the smelters' or refiners' third-party audit reports, and/or those carried out in any other intermediary undertaking;
2015/02/03
Committee: DEVE
Amendment 126 #
Proposal for a regulation
Article 4 – point g a (new)
(ga) Importers shall inform the authorities within one month of any changes regarding the description of the mineral and metals imported by them.
2015/02/03
Committee: DEVE
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 3 – point a
(a) name and address of each of the responsible smelters or refiners and/or any other intermediary in its supply chain,
2015/02/03
Committee: DEVE
Amendment 157 #
Proposal for a regulation
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners and/or any other intermediary in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation,
2015/02/03
Committee: DEVE
Amendment 163 #
Proposal for a regulation
Article 8 – title
List of responsible smelters and refinimporters
2015/02/03
Committee: DEVE
Amendment 166 #
Proposal for a regulation
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 refinimporters of minerals within the scope of this Regulation.
2015/02/03
Committee: DEVE
Amendment 171 #
Proposal for a regulation
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner. TEvery six months, the Commission shall remove from the list the names of the smelters and refinimporters that are no longer recognised as responsible importers 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.
2015/02/03
Committee: DEVE
Amendment 186 #
Proposal for a regulation
Article 12 a (new)
Article 12 a Definition of 'conflict area' or 'high risk area': The Commission shall, in close cooperation with the European External Action Service, make available to the public and companies adequate information as to what is meant by 'conflict area' or 'high risk area' and how they are defined.
2015/02/03
Committee: DEVE
Amendment 195 #
Proposal for a regulation
Article 14 – title
Rules applicable to infringement and penalties
2015/02/03
Committee: DEVE
Amendment 196 #
Proposal for a regulation
Article 14 – paragraph 1
1. The Member StatesCommission shall lay down the rulpenalties applicable to infringements of the provisions of this Regulation and communicate these to the Member States. The penalties provided for must be effective, proportionate and dissuasive. The Commission shall determine the measures necessary to ensure that they are implemented.
2015/02/03
Committee: DEVE
Amendment 198 #
Proposal for a regulation
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 ofnotify the responsible importer of the remedial action to be taken by the responsible importerhim.
2015/02/03
Committee: DEVE
Amendment 200 #
Proposal for a regulation
Article 14 – paragraph 4
4. The Member States shall notify the rules to the Commission and shall notify it without delay of any subsequent amendment thereto.Deleted
2015/02/03
Committee: DEVE
Amendment 204 #
Proposal for a regulation
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 minerals within its scope from conflict- affected and high-risk areas including political guidelines and taking into account the effectiveness of the accompanying measures. The Commission shall examine the possibility of extending these arrangements to other minerals and metals under the provisions of this paragraph. The Commission shall submit a review report to the European Parliament and to the Council.
2015/02/03
Committee: DEVE
Amendment 207 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
3a. This Regulation provides for a transitional two-year period to allow importers of minerals and metals falling within its scope to comply with the obligations of due diligence.
2015/02/03
Committee: DEVE
Amendment 208 #
Proposal for a regulation
Article 15 – paragraph 3 b (new)
3b. Any changes to the OECD guidelines shall apply mutatis mutandis to this regulation.
2015/02/03
Committee: DEVE
Amendment 210 #
Proposal for a regulation
Article 15 a (new)
Article 15a Accompanying measures to ensure an integrated EU approach to the duty of responsible sourcing: 1. The Commission, together with the European External Action Service, shall submit to the European Parliament and the Council a set of accompanying measures to ensure an integrated EU approach on responsible sourcing, including: - incentives for companies to promote responsible sourcing; - ongoing political dialogue with third countries and other stakeholders, including the possibility of introducing harmonised labelling for national and regional certification systems and cooperation with public-private initiatives introduced by the US for responsible trade in minerals; - continued development cooperation with third countries, in particular aid for the marketing of non-conflict minerals and placing local operators in a better position to comply with this Regulation. In the long term, such cooperation must facilitate the introduction in the mineral- rich countries of an EU responsible mineral exporter label; - diplomatic initiatives for raw materials and the promotion of fair trade relations; - close cooperation with Member States for the launching of additional initiatives in the field of consumer information and labelling and further incentives for responsible business conduct and performance clauses in procurement contracts signed by the national authorities under the terms of Directive 2014/24/EU of the European Parliament and of the Council1a. 2. The Commission and the Vice- President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy are required to submit to the European Parliament and Council an annual performance report in respect of this Article. ___________________ 1aDirective 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
2015/02/03
Committee: DEVE