Activities of Christophe HANSEN related to 2021/0366(COD)
Plenary speeches (5)
Deforestation Regulation (debate)
Deforestation Regulation (debate)
Deforestation Regulation (A9-0219/2022 - Christophe Hansen) (vote)
Deforestation Regulation (debate)
Deforestation Regulation (debate)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on 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 (215)
Amendment 1 #
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention and recharge, while more than a quarter of modern medicines are derived from tropical forest plants. Large forest areas act as a moisture source and help prevent desertification of continental regions. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems.18 Furthermore, deforestation and, forest degradation and forest conversion reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans.. Deforestation, forest degradation and forest conversion also increase contacts between wild animals and farmed animals and humans, thereby increasing the likelihood of new diseases spreading and the risks of new epidemics and pandemics. CA19 __________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 2 #
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation and, forest degradation and forest conversion contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity and resilience to diseases and pests. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . CA19 __________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 3 #
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate changeand ecosystems are fundamental to climate resilient development1a. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation and, forest degradation and forest converstion and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation. CA19 __________________ 1a IPCC Report-Summary for policy makers, February 2022 https://report.ipcc.ch/ar6wg2/pdf/IPCC_A R6_WGII_SummaryForPolicymakers.pdf
Amendment 4 #
Proposal for a regulation
Recital 5
Recital 5
(5) Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors – construction, agriculture, food and drink – all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75% of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity, and ecosystem services as critical inputs for production, notably for medicines.present in complex, naturally regenerating forests with sustained complex symbiotic relationships, as critical inputs for production, notably for medicines, including antimicrobials. Furthermore, transpiration, the process by which trees take water from the ground and release it into the atmosphere from their leaves, is a major source of water to the atmosphere, and is estimated to be responsible for around half of all precipitation. Deforestation therefore heavily influences rainfall regime and the natural regulation of water flows, both within forests but also in surrounding areas. The impact of deforestation on Earth’s water recycling system risks to be as devastating as its impact for climate change. CA19
Amendment 5 #
Proposal for a regulation
Recital 6
Recital 6
(6) Climate change, biodiversity loss and deforestation are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of gender equality and of intergenerational equity. CA19
Amendment 6 #
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and conversion on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of theonly six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030. CA1
Amendment 7 #
Proposal for a regulation
Recital 8
Recital 8
(8) As regards the situation of forests within the EU, the State of Europe’s Forests 2020 report21 states that, between 1990 and 2020, the area of forests in Europe has increased by 9%, carbon stored in the biomass has grown by 50% and wood supply has risen by 40%. HoweverNevertheless natural and old-growth forests are also subject to management intensification and their unique biodiversity and structural features are in danger. Furthermore, less than 5% of European forest areas are now considered undisturbed, or natural, according to the European Environment Agency’s State of the Environment 2020 report22 .nd climate change leads to threats ranging from extreme weather patterns to bug diseases. Forest ecosystems have to cope with multiple pressures generated from human-related activities. These include activities that directly affect ecosystems and habitats such as certain forest management practices. In particular, intensively managed even-aged forests may have a severe impact on whole habitats through clear-cutting and deadwood removal22a. CA19 __________________ 21 Forest Europe - Ministerial Conference on the Protection of Forests in Europe, State of Europe’s Forests 2020, https://foresteurope.org/state-europes- forests-2020/. 22 European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publication s/soer-2020. 22a European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publicatio ns/soer-2020.
Amendment 8 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament highlighted that ongoing destruction and degradation of the world’s forests isand natural ecosystems, as well as human rights violations, are linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution32 in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an “EU legal framework to halt and reverse EU-driven global deforestation”. based on mandatory due diligence. CA19 __________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0285_EN.html.
Amendment 9 #
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation and forest degradat, natural ecosystem conversion, natural ecosystem and forest degradation and forest conversion constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33 , and the Eighth Environment Action Programme adopted by Decision (EU) 2022/591 of the European Parliament and of the Council, and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 at the latest and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. CA1 __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 10 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation, including free trade agreements (FTAs), with producer and consumer countries are fundamental in that respect. CA20
Amendment 11 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use37 that recognises that “to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities”. The signatories also stressed in that Declarationcommitted to halt and reverse forest loss and land degradation by 2030 and stressed that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit, and that do not drive deforestation and land degradation.. CA19 __________________ 37 https://ukcop26.org/glasgow-leaders- declaration-on-forests-and-land-use/.
Amendment 12 #
Proposal for a regulation
Recital 18
Recital 18
(18) As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule- based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. Any measures introduced by the Union that affects trade are required to be WTO compliant. Further, all measures introduced by the Union that affect trade are required to take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not unduly restrictive nor disruptive to trade, while taking into account that the conservation of exhaustible natural resources is of overriding interest. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union. as well as focus on commodities and products most at risk of leading to deforestation and forest degradation. CA20
Amendment 13 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The challenges the world is facing in climate change and biodiversity loss can only be dealt with by global action. The Union should be a strong global actor both leading by example and taking the lead in international cooperation to create an open and fair multilateral system where sustainable trade acts as a key enabler of the green transition to both fight climate change and reverse biodiversity loss. CA20
Amendment 14 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy – one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and and international cooperation can be important tools for consolidating higher standards of sustainability, especially with regard to sectors that are linked to forests and their derived value chains. However, the evaluation of existing free trade agreements has shown that in some cases there are weaknesses in the implementation and enforcement of existing thrade agreen and digital transformations of the economy and towards building a more resilient Europe in the world.ments and that Union trade and investment policies need to be streamlined in order to address the global deforestation challenge in a more effective manner. CA20 __________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 15 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to revitalise the Union`s work on free trade agreements, ensure a level-playing field for Union businesses and to fulfil the Union’s commitments under the Paris agreement and the Convention on Biological Diversity, which call for the protection of forests, the Union’s trade policy should focus on implementing and enforcing current trade agreements as well as conducting negotiations and concluding new trade agreements which include strong, binding and enforceable provisions on sustainable development. CA20
Amendment 16 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Robust clauses on deforestation, forest degradation and the conversion and degradation of other ecosystems should be included in the negotiating mandates and sustainable benchmarks for relevant raw materials should be included for the granting of new trade preferences. CA20
Amendment 17 #
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) Any partnership or cooperation with a trade partner should always allow for the full participation of all stakeholders, including civil society, Indigenous people, local communities, local authorities and the private sector including SMEs and smallholders, taking into account the autonomy of social partners. CA20
Amendment 18 #
Proposal for a regulation
Recital 19 d (new)
Recital 19 d (new)
(19d) Public procurement provisions in free trade agreements should take into account social, environmental and responsible business conduct. CA20
Amendment 19 #
Proposal for a regulation
Recital 19 e (new)
Recital 19 e (new)
(19e) The proposed regulation should be accompanied by strong partnership agreements based on trade and cooperation with major producer countries of the relevant commodities and products taking into account the special interests of smallholders and local communities. CA20
Amendment 20 #
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’39 , in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries, to promote by, amongst other actions, promoting trade agreements that include forest conservation provisions and encourage trade in deforestation-free agricultural and forest- based products, and the adoption of similar measures to avoid products coming from supply chains associated with deforestation and forest degradation being placed on their markets. CA20 __________________ 39 COM(2019) 352 final.
Amendment 21 #
Proposal for a regulation
Recital 21
Recital 21
(21) TIn coordination with the Member States, the Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies as well as relevant stakeholders active on the ground, and should be reinforcing its support and incentives with regard to protecting and restoring forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenureand strengthening the role and rights of indigenous peoples and local communities, improving governance and land tenure, the right to free, prior and informed consent, increasing law enforcement and promoting close to nature sustainable forest management based on indicators and thresholds, ecotourism, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous peoplefully recognise the role and rights of indigenous peoples and local communities in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. Any rules and requirements should try to minimise the burden on smallholders in third countries and try to prevent barriers to their access to the Union market and to international trade. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation. as well as supporting forest restoration, including through the use of digital technologies and geospatial information. CA20
Amendment 22 #
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products and other publicly or privately available sources, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory will cooperate closely with relevant international organisations, research institutes, and third countries.and forest degradation and related trade. The EU Observatory should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations, operators and third countries. It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. CA19
Amendment 23 #
Proposal for a regulation
Recital 24
Recital 24
(24) Available reports confirm that a sizable part of ongoing deforestation is legal according to the laws of the country of production. A recent report43 estimates that between 2013 and 2019, around 30% of deforestation destined to commercial agriculture in tropical countries was legal. Available data tend to focus on countries with weak governance — the global share of deforestation that is illegal might be lower, but already provide clear data signalling that leaving out deforestation that is legal in the country of production undermines the effectiveness of policy measures. in this area. CA19 __________________ 43 https://www.forest-trends.org/wp- content/uploads/2021/05/Illicit-Harvest- Complicit-Goods_rev.pdf.
Amendment 24 #
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation- free” should be sufficiently broad to cover both deforestation and, forest degradation, and forest conversion it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data. CA2
Amendment 25 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and, forest degradation and forest conversion and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that environmental footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectAccording to a recent research44 paper used for the efficiency analysis, six commodities represent the largest shares of EU-driven deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysamong the total of commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). Meat imported into the Union should be subject to the same rules as meat produced within the EU. Therefore, meat from swine, poultry, and sheep and goats should be covered by this Regulation to ensure that animals raised outside the Union and then imported have been fed with deforestation-free commodities or products. Rubber and maize should also be covered inby that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%).is Regulation due to their impact on global deforestation. The Commission should be entitled to adopt delegated acts to extend the scope of Annex I. CA1 __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 26 #
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation and forest conversion, and to promote deforestation- free supply chains., as well as to promote the protection of human rights, and the rights of indigenous peoples and local communities, both in the Union and in third countries. CA1
Amendment 27 #
Proposal for a regulation
Recital 30
Recital 30
(30) Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation as well as the conversion and degradation of other ecosystems and the definitions in this Regulation build on this work. CA19
Amendment 28 #
Proposal for a regulation
Recital 31
Recital 31
(31) A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation or, forest degradation or forest conversion, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation or forest conversion after that date. It should allow for the appropriate verification and monitoring, correspond totaking into account existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation and, forest degradation and forest conversion in view of the entry into force of this Regulation. CA2
Amendment 29 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and, forest degradation and forest conversion, and to ensure that commodities and products from supply chains related to deforestation and, forest degradation are not placed onnd forest conversion are not placed on or exported from the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of productiondomestic and international law and standards. To confirm that this is the case, they should always be accompanied by a due diligence statement. CA1
Amendment 30 #
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include threefour elements: information requirements, risk assessment and risk mitigation measures and reporting obligations. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and, forest degradation and forest conversion and legality requirements are fulfilled, and that the country of production has complied with the legality requirement and with international human rights law, including the right to prior, free and informed consent inter alia by identifying the country and area of production or parts thereof, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). The application of the geolocation requirement in sectors where smallholders represent a significant share of producers could be particularly challenging, and guidance as well as technical and financial support should be provided where relevant. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it. In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. CA3
Amendment 31 #
Proposal for a regulation
Recital 34
Recital 34
(34) Operators placing a commodity or product concerned on the Union market or exporting a product ora commodity to a third country should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators. CA3
Amendment 32 #
Proposal for a regulation
Recital 36
Recital 36
(36) Traders should be responsible for collecting and keeping information ensuring the transparency of the supply chain of relevant commodities and products which they make available on the market. Large traders that are not small and medium-sized enterprises (SMEs) have a significant influence on supply chains and play an important role in ensuring that theysupply chains are deforestation-free and should therefore have the same obligations as operators. CA4
Amendment 33 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to foster transparency and facilitate enforcement, operators which are not SMEs should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. CA4
Amendment 34 #
Proposal for a regulation
Recital 38
Recital 38
(38) Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts, such as Regulation (EU) 2020/852 of the European Parliament and of the Council1aand [the forthcoming Directive on Corporate Sustainability Due Diligence]1b, should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. The existence of thisis Regulation aims to ensure the conformity of commodities and products with sustainability and legality requirements. It applies ex-ante, before commodities or products are placed on or exported from the EU market. The existence of this commodity-specific Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim. The Commission should issue clear and easy to understand guidelines to help operators and traders, in particular SMEs, to comply with the requirements of this regulation with the aim to minimize the administrative and financial burden. The guidelines should also support operators to fulfill their due diligence requirements in an effective manner when they fall under the scope of other overlapping legislative instruments setting out other due diligence requirements. CA1 __________________ 1a Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 1b COM(2022)0071 final.
Amendment 35 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation. Full respect for international texts and standards, including the United Nations Declaration on the Rights of Indigenous Peoples, customary tenure rights, the right to free, prior and informed consent (FPIC) should be ensured. Labour rights as enshrined in International Labour Organisation fundamental conventions, women`s rights, the rights to environmental protection and the right to defend human rights and the environment should also be promoted. CA1
Amendment 36 #
Proposal for a regulation
Recital 40
Recital 40
(40) Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. The Commission should, in particular, carry out an analysis of the penalties applied by the Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation. CA10
Amendment 37 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) For the purposes of effective enforcement of this Regulation and compliance with it by competent authorities, operators and traders, members of the public concerned should be able to take action to ensure compliance with environmental law and thus protect the environment. CA10
Amendment 38 #
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40b) The right to an effective remedy is an internationally recognised human right, enshrined in Article 8 of the Universal Declaration of Human Rights, Article 9(3) of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and Article 2(3) of the International Covenant on Civil and Political Rights, and is also a fundamental right of the Union within the meaning of Article 47 of the Charter and Member States should therefore ensure that members of the public concerned or affected by a violation of this Regulation have proper access to effective remedy. CA10
Amendment 39 #
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised data and should facilitate transfers of information among Member States, competent authorities and customs authorities. The non-commercially sensitive data should also be accessible for a wider public, with the data being anonymised – apart from information concerning the list of non- compliant operators and traders – and provided in an open and machine-readable format in line with the Union’s Open Data Policy. CA17
Amendment 40 #
Proposal for a regulation
Recital 42
Recital 42
(42) For the relevant commodities and products entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation based on, inter alia, the due diligence statements submitted by the operators, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned. CA10
Amendment 41 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The checks carried out by the competent authorities are to be carried out in a manner which is the least disruptive to trade and to the operations of the operators and traders. CA20
Amendment 42 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up interoperable 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 processes for customs authorities should be limitedas well as limit costs and burden for operators. 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. CA15
Amendment 43 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production or parts thereof. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden, unless the operator knows or has reasons to believe that there are risks of non-compliance with this Regulation. Where a competent authority becomes aware of a risk that the requirements of this Regulation are being circumvented, for example where a relevant commodity or product produced in a high-risk country is subsequently processed in, or exported to, the Union from a low-risk country, the customs declaration or due diligence statement indicate that the commodity or product was produced in a low-risk country, it should verify via further checks whether there is any non-compliance and, if necessary, take appropriate action, such as seizure and suspension of placing on the market of the relevant commodity or product, as well as carry out further checks. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities. CA9
Amendment 44 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation or forest conversion risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, forest degradation and forest conversion, and for the promotion of rights of indigenous peoples and local communities. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. CA9
Amendment 45 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) To ensure that this Regulation does not create an unnecessary restriction to trade the Commission should cooperate with countries which are identified to present a standard or high risk, and with relevant stakeholders in these countries, in order to work towards reducing the level of risk. CA9
Amendment 46 #
Proposal for a regulation
Recital 48
Recital 48
(48) Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks when in possession of and based on relevant information, including substantiated concerns submitted by third parties. For a comprehensive coverage of the relevant commodities and products, the respective operators and traders and the volumes of their share of commodities and products, a twofold approach should apply. Competent authorities should thus be required to check on a certain percentage of operators and traders, whilst also covering a specific percentage of relevant commodities and products. Such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof. whereas they can be lower for low- risk countries or parts thereof. CA11
Amendment 47 #
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements. Where necessary and technically possible, competent authorities, in close cooperation with authorities in third countries, should also conduct controls in situ. CA11
Amendment 48 #
Proposal for a regulation
Recital 50
Recital 50
(50) In case the risk analysis of the due diligence statements reveals a high risk of non-compliance of specific relevant commodities and products, the competent authorities should be able to take immediate interim measures to prevent their placing or making available on the Union market or their export from the Union. In case such relevant commodities and products were entering or leaving the Union market, the competent authorities should request from customs authorities the suspension of the release for free circulation or the export to enable competent authorities to carry out the necessary checks. Such request should be communicated by means of the interface system between customs and competent authorities. Suspension of the placing or making available on the Union market, of the release for free circulation or of export should be limited to threfive working days, or 72 hours for fresh commodities and products at risk of spoilage, except where the competent authorities require additional time to assess the compliance of the relevant commodities and products with this Regulation. In that case, the competent authorities should take additional interim measures to extend the suspension period or request such extension to customs authorities in case of relevant commodities and products entering or leaving the Union market. CA13
Amendment 49 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non- compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties. and that operators failing to comply with the duties under this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. CA13
Amendment 50 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help other operators and traders in their risk assessments and increase the pressure from consumers and civil society on non-compliant operators and traders to source from supply chains that are free from deforestation. CA13
Amendment 51 #
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation and, forest degradation, forest conversion and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts. CA10
Amendment 52 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 53 #
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation and forest conversion, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change and the biodiversity crisis, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therection and need to be prevented. It is without doubt that Union consumption is a considerable driver also of the conversion and degradation of biodiverse and carbon-rich non-forest ecosystems around the globe. In order to reduce the Union’s footprint on all natural ecosystems, an evaluation of, and a legislative proposal to, extending the scope of this Regulation to other ecosystems than forests and other wooded land should be undertaken at the latest one year of the entry into force be undertaken within 2 years of the entry into force of this Regulation.of this Regulation, for which the preparations should start at the latest at the day of entry into force of this Regulation. Further delaying to include other ecosystems in this Regulation risks shifting agricultural production from forests to non-forest ecosystems. The latter are also increasingly under pressure of conversion and degradation due to commodity production for the Union market. The Commission should also assess the need and feasibility of extending the scope to further commodities at the latest two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act. CA1
Amendment 54 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Taking into account the request made by the European Parliament in its resolution “An EU legal framework to halt and reverse EU-driven global deforestation” of 22 October 2020 and of the vast majority of the almost 1, 2 million participants to the Commission’s public consultation on demand-driven deforestation and forest degradation and forest conversion to include non-forest ecosystems in this Regulation, the Commission should base its evaluation and legislative proposal for an extension of the scope of this Regulation to other ecosystems on the basis of the definitions of “natural ecosystems”, “natural ecosystem conversion” and “forest and natural ecosystem degradation” and the cut-off date of 31 December 2019, as laid down in this Regulation. CA1
Amendment 55 #
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation and, forest degradation and forest conversion by reducing the contribution of consumption in the Union, and by incentivising deforestation reduction in producer countries, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. CA1
Amendment 56 #
Proposal for a regulation
Recital 61
Recital 61
(61) OIn order to avoid supply chain disruptions and reduce negative impacts on third countries, trade partners, and in particular smallholders, operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation, CA18
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soyaswine, sheep and goats, poultry, cocoa, coffee, oil palm and palm-oil based derivates, soya, maize, rubber, and wood (“relevant commodities”), and products, including charcoal and printed paper products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to: CA1
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and. forest degradation and forest conversion worldwide; CA1
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) contributing to a reduction in global deforestation. CA1
Amendment 60 #
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 use, whether human-induced or not;, whether human-induced or not, of forests or other wooded land to agricultural use or to plantation forest; CA2
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) “ecosystem conversion” means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function; this includes severe degradation or the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function; CA2
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘agricultural use’ means the use of land for any or more of the following: cultivation of temporary or annual crops that have a growing cycle of one year or less; cultivation of permanent or perennial crops that have a growing cycle of more than one year, including tree crops; cultivation of permanent or temporary meadows or pastures as well as animal husbandry; and temporarily fallow land; CA2
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) 'other wooded land' means land not classified as forest, spanning more than 0,5 hectares, with trees higher than 5 meters and a canopy cover of 5 to 10 percent, or trees able to reach these thresholds in situ, or with a combined cover of shrubs, bushes and trees above 10 percent, excluding land that is predominantly under agricultural or urban use; CA2
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘natural ecosystem’ means an ecosystem, including human-managed ecosystems, that substantially resembles, in terms of species composition, structure, and ecological function, an ecosystem that is or would be found in a given area in the absence of major human impacts; these include, in particular, land with high carbon stocks and land with a high biodiversity value; CA2
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause aand other natural ecosystem degradation’ means the reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products ors and other wooded land and other natural ecosystems, affecting their species composition, structure or function, whether or not directly caused by humans; this includes illegal exploitation of forests, other wooded land or other natural ecosystems as well as the use of management practices that result in a substantial or sustained impact on their capacity to support biodiversity or deliver ecosystem services; CA2
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) ‘deforestation-free’means that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation, after December 31, 2020, andnd have not induced or contributed to forest degradation or forest conversion after 31 December 2019; CA2
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Amendment 69 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market where these commodities or products show no cause for concern on grounds of a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern;the application of the appropriate mitigation measures; CA7
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders and indigenous peoples, as well as local communities, including women, by consulting them directly in a manner that takes into account potential barriers to effective engagement. CA3
Amendment 71 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner, or were not produced in accordance with the relevant legislation of the country of production, or both;aws and standards, including those on the rights of indigenous people, tenure rights of local communities, and the right to free, prior and informed consent, and which were not covered by an accurate due diligence statement; CA1
Amendment 72 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities; CA16
Amendment 73 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of productionaws and standards’ means: a) the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; b) human rights protected under international law, in particular instruments protecting customary tenure rights and the right to free, prior and informed consent (FPIC), as set out in, inter alia, the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and existing binding international agreements, the Indigenous and Tribal Peoples Convention(No 169, 1989), which cover the right to environmental protection, the right to defend the environment, free from any form of persecution and harassment, and other internationally recognised human rights related to land use, access or ownership; CA1
Amendment 74 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security; it is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms. CA1
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of productionaws and standards, as defined in Article 2, point (28); and CA1
Amendment 76 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a) and (b). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8. CA3
Amendment 77 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That electronically available, transmittable and certified statement shall confirm that due diligence was carried out and, disclose the steps that were taken in this regard to verify the compliance of the relevant commodities and products with this Regulation, and explain the assessment as to why no or only negligible risk was found and. It shall also contain the information set out in Annex II for the relevant commodities and products. Operators shall without undue delay publish and make available, taking into account data protection rules, the statements and certification for administrative, civic and scientific scrutiny. CA3
Amendment 78 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By making available the due diligence statement, tThe operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall therefore undertake reasonable, documented efforts to support the compliance of smallholders with the provisions and requirements set out in this Regulation. They shall keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31. and share the due diligence statements with subsequent operators and traders in the supply chain. CA3
Amendment 79 #
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the relevant commodities and products are not compliant with Article 3(a) or (b);; CA3
Amendment 80 #
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with Article 3(a) or (b);; CA3
Amendment 81 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Operators shall have a system in place for receiving substantiated concerns from interested parties and shall thoroughly investigate all substantiated concerns introduced in accordance with this system. CA3
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received or detected relevant new information, including substantiated concerns, or information provided via the rapid alert mechanisms, that indicate a non- negligible risk that the relevant commodity or product that they have already placed on the market is notat risk of not being 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 with a view to preventing further circulation on, or export from, the Union 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. CA3
Amendment 83 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The competent authorities shall verify the due diligence system of operators on an annual basis. Operators shall also offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records. CA3
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators shall take the necessary measures: (a) to engage meaningfully with vulnerable stakeholders included in their supply chain: smallholders, indigenous peoples and local communities and (b) to ensure that these vulnerable stakeholders receive adequate assistance and fair remuneration so that their commodities and products can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain. (c) to follow-through on implementation of agreed commitments, ensuring that adverse impacts to identified vulnerable d stakeholders are addressed. CA3
Amendment 85 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 86 #
Proposal for a regulation
Article 6
Article 6
Amendment 87 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In case a natural or legal person, regardless of size, established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation. If there is no manufacturer or importer established in the Union, online marketplaces shall comply with the obligations set out in Articles 8 to 11 for products and commodities for which they facilitate the sale. CA3
Amendment 88 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Product components that have already undergone due diligence compliance in accordance with Article 4(1) shall not require an additional due diligence procedure. For components that have not been covered by a due diligence procedure, the due diligence requirements shall still apply. CA5
Amendment 89 #
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. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to theeach relevant commoditiesy or products placed on the Union market or exported from the Union, supported by evidence: CA6
Amendment 90 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; the description of products shall include the list of commodities contained therein or used to make them; for animal products the description shall include the list of commodities used to feed the animals; CA6
Amendment 91 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) identification of the country of production; or parts thereof; CA6
Amendment 92 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localistion coordinates, latitude and longitude for all plots of land where the relevant commodities and products were produced, or the geolocation coordinates, latitude and longitude of all points of a polygon for the plots of land where the relevant commodities and products were produced, as well as date or time range of production; ; any deforestation or degradation in the given plots of land, either identified by a single point of latitude and longitude or by polygon, shall automatically disqualify all products and commodities from those plots of land from being placed and made available on the market or exported therefrom; operators shall provide the date or time range or harvesting season of production of the commodity or product; the Commission is empowered to adopt delegated acts in order to supplement this Regulation with regard to the size of the plots of land above which companies are required to provide polygons as only means of geolocation for the different commodities and products; CA6
Amendment 93 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity; as well as international laws and standards, as defined in Article 2, point (28); CA6
Amendment 94 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation; CA6
Amendment 95 #
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(hb) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products; CA6
Amendment 96 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 97 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Operators shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. Where an operator is not able to adequately collect the information required by this Regulation, it shall have the right to request clarification or assistance on implementation from the competent authority. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it. CA7
Amendment 98 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the presence of vulnerable peoples, indigenous peoples, local communities and other customary tenure rights holders in the country and part thereof of the relevant commodity or products; CA7
Amendment 99 #
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(bb) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not; CA7
Amendment 100 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or, forest degradation or forest conversion in the country, region and area of production of the relevant commodity or product; CA7
Amendment 101 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production or parts thereof in accordance with Article27, and origin, such as level of corruption, prevalence of document and data falsification, absence, violation or lack of law enforcement of tenure rights and rights of indigenous people and local communities, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union; CA7
Amendment 102 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land where they were produced; or national data protection rules which prohibit the transmission of such data; CA7
Amendment 103 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation, forest degradation or forest conversion as well as violations of the relevant law has occurred or is occurring; CA7
Amendment 104 #
Proposal for a regulation
Article 10 – paragraph 2 – point h a (new)
Article 10 – paragraph 2 – point h a (new)
(ha) the outcome of multi-stakeholder dialogues where impacted parties, such as smallholders, SMEs, indigenous peoples and local communities, has been invited to actively participate; CA7
Amendment 105 #
Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) information provided via the rapid alert mechanism; CA7
Amendment 106 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with Article 3(b)the rules applicable in the country of production, as defined in Article 3 and Article 2(28), point (a), of this Regulation. CA7
Amendment 107 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity-building and financial investments for smallholders or other measures pertaining to information requirements set out in Article 9. CA7
Amendment 108 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted which provide for 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. CA7
Amendment 109 #
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;, specifying the contact details or an up-to-date contact email address; CA7
Amendment 110 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The risk assessments, as well as, where appropriate, the risk mitigation decisions taken shall be documented, reviewed at least on an annual basis and made available to the competent authorities upon request. CA7
Amendment 111 #
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 when operators become aware of them. Operators shall keep record of updates in the due diligence system(s) for 5 years. CA8
Amendment 112 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8, 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building. Operators falling also within the scope of other EUnion legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EUnion legislative instruments. CA8
Amendment 113 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Reports shall, in respect of relevant commodities and products supplied by each supplier: (a) include the information described in Article 9; (b) describe the information and evidence obtained and used to assess the compliance of the relevant commodities and products with Article 3; (c) state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); (d) the date and place where relevant commodities and products were placed on or exported from the Union market; and (e) provide evidence of 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. CA8
Amendment 114 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Operators shall keep for at least 5 years all documentation related to due diligenceue diligence documentation, such as all relevant records, measures and procedures pursuant to Article 8under Article 8, allowing each product or commodity placed on the market, the risk analysis carried out, and the result obtained, to be identified beyond doubt. They shall make themse available to the competent authorities upon request. CA8
Amendment 115 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10(2), points (a), (b), (ba), (bb), (c), (d) (e), (h), (ha) and (j), or Article 10(6) where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27. CA9
Amendment 116 #
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. The operator shall immediately communicate any relevant information to the competent authority. CA9
Amendment 117 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. For cases where a competent authority is made aware of any information that would point to a risk of possible circumvention of the requirements of this Regulation, including cases where relevant commodities or products are produced in a standard-risk or high-risk country and are subsequently processed in, or exported to, the Union from a low-risk country, the competent authority shall proceed to further checks in accordance with Article 14(6) and, where necessary, adopt interim measures in accordance with Article 21. Wheren non-compliance with this Regulation is established, Member State authorities shall take further measures in accordance with Articles 22 and 23. CA9
Amendment 118 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Guidelines 1. By ... [date 12 months after the entry into force of this Regulation], the Commission shall issue user-friendly commodity-specific guidelines to clarify due diligence responsibilities and traceability rules of operators tailored to fit the respective supply chain. The Commission shall take into account other due diligence requirements arising from Union law, in particular [the forthcoming Directive on Sustainable Corporate Governance Due Diligence]. 2. The guidelines shall particularly take into account SMEs’ needs and shall inform them of the different means to access administrative and financial assistance and shall provide guidance on how the requirements from overlapping due diligence rules under different Union acts could be implemented most efficiently. 3. The guidelines shall be developed in consultation with relevant stakeholders, including from third countries and, where appropriate, taking into consideration best practices from international bodies having expertise indue diligence. 4. The Commission shall regularly review and update the guidelines taking into account the latest developments in the sectors concerned. CA18
Amendment 119 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall make the list of the competent authorities publicly available on its website without undue delay. The Commission shall regularly update the list, based on relevant updates received from Member States. CA10
Amendment 120 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the competent authorities have adequate powers, functional independence and resources to perform the obligations set out in Chapter 3 of this Regulation. CA10
Amendment 121 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Member States, may shall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation. CA10
Amendment 122 #
Proposal for a regulation
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. In order to ensure the uniform application of the obligations listed in this Chapter, notably the checks on operators and traders, the European Commission shall issue guidance to all competent authorities no later than six months after the entry into force of this Regulation. CA10
Amendment 123 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan, which shall be made public in accordance with Article 19, shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27,previous infringements of this Regulation by an operator or trader, the quantity of relevant commodities and products being placed or made available on the market or exported from the Union market by the operator or trader, the period of time since the hristory of compliance of an operatork assessment for the relevant commodities or products was completed, the proximity orf trader with this Regulationhe plots of land or polygons on which the relevant commodities and products were produced to forests, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shallmay establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation. CA11
Amendment 124 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 3five working days, or 72 hours for fresh commodities and products which are a the risk of spoilage, unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6). CA11
Amendment 125 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 510% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market. For commodities or products from countries or parts thereof categorised as low-risk in accordance with Article 27, annual checks can be reduced to 5%. CA11
Amendment 126 #
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on the rapid alert mechanisms or on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation. CA11
Amendment 127 #
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks. Authorities shall justify such prior notifications in their control reports, including information on the number of prior warnings. CA11
Amendment 128 #
Proposal for a regulation
Article 14 – paragraph 13
Article 14 – paragraph 13
13. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance, including the penalties related to cases of non-compliance with this Regulation. Records of all checks shall be kept for at least 5ten years. CA11
Amendment 129 #
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13a. Without prejudice to the obligations on competent authorities, the Commission may, upon request, provide the Member States with technical support to assist them in carrying out the requirements set out in this Regulation. CA11
Amendment 130 #
Proposal for a regulation
Article 14 – paragraph 13 b (new)
Article 14 – paragraph 13 b (new)
13b. Where the Commission receives information that a Member State does not conduct controls that are sufficient to ensure that relevant commodities and products made available on, or exported from, the Union market comply with the requirements of this Regulation, it shall, in dialogue with the Member State concerned, be mandated to introduce changes to the plan referred to in paragraph 3 established by that Member State to ensure that the situation is rectified. CA11
Amendment 131 #
Proposal for a regulation
Article 14 – paragraph 13 c (new)
Article 14 – paragraph 13 c (new)
13c. Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC and shall be made available upon request. CA11
Amendment 132 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Checks on operators and non-SME traders CA11
Amendment 133 #
Proposal for a regulation
Article 15 – paragraph 1 – point d a (new)
Article 15 – paragraph 1 – point d a (new)
(da) examination of interim measures taken under Article 21 and corrective measures taken under Article 22; CA11
Amendment 134 #
Proposal for a regulation
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
(f) any technical and scientific means adequate to determine the exact place where the relevant commodity or product was produced, including isotope testing;anatomical, chemical and DNA analysis; CA11
Amendment 135 #
Proposal for a regulation
Article 15 – paragraph 1 – point f a (new)
Article 15 – paragraph 1 – point f a (new)
(fa) any technical and scientific means adequate to determine the biological species affected by this Regulation which is contained in the relevant commodity or product, including anatomical, chemical and DNA analysis. CA11
Amendment 136 #
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
(g) any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation- free, including Earth observation data such as from Copernicus programme and tools, and or from other publicly or privately available sources, and CA11
Amendment 137 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Checks on SME traders CA11
Amendment 138 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The costs referred to in paragraph 1 may include, inter alia, the costs of carrying out testing, the costs of storage and the costs of activities relating to products that are found to be non- compliant and are subject to corrective action prior to their release for free circulation, their placing on or exporting from the Union market.. CA10
Amendment 139 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation., including as regards the implementation of field audits. CA10
Amendment 140 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements, the nature and results of the controls carried out and any penalties imposed, with other Member States’ competent authorities to facilitate the enforcement of this Regulation. Competent authorities shall apply strict data protection rules when exchanging information in accordance with existing data protection law. CA10
Amendment 141 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States. or to support enforcement action by these competent authorities. CA10
Amendment 142 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks, and the risk criteria on which they are based, including the number and the results of the controlhecks carried out on operators and traders, including the contents of these check and relevant commodities and products, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered.arket surveillance measures taken and penalties imposed in case of non-compliance in accordance with Articles 22 and 23, respectively. CA12
Amendment 143 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1520% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1520% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this Article include all of the elements listed in Article 15. CA9
Amendment 144 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, on the basis of the examination of evidence or other relevant information, including information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or following the checks referred to in Article 15 and 16, possible serious shortcomingsinfringements of this Regulation have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products. Member States shall immediately inform the Commission and the competent authorities of other Member States about such measures. CA13
Amendment 145 #
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 the requirements set out in this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non- compliance to an end. within a specified and reasonable period of time. CA13
Amendment 146 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroyingonating, where possible, the relevant commodity or product or donating it to charitable or public interest purposes. or otherwise recycling or, as a last resort, destroying it. CA13
Amendment 147 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Irrespective of the corrective action taken under paragraph 2, the operator or trader shall address any shortcomings in the due diligence system which may have led to the non- compliance, with a view to preventing the risk of further infringements. CA13
Amendment 148 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to take corrective action referred to in paragraph 2 or where the non-compliance referred to inwithin the period of time specified by the competent authority under paragraph 1 persists, competent authorities shall ensure that the commodity or product is withdrawn or recalled, or that its being is not made available on or exported from the Union market is prohibited or restricted.. CA13
Amendment 149 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay down rules onWithin six months of the entry into force of this Regulation, the Commission shall adopt delegated acts on uniform penalties applicable to infringements of the provisions of this Regulation by operators and traders and shall take all measures necessary, in order to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.rmonised standards are applied across the Union. Member States shall take all measures necessary to ensure that they are implemented. CA13
Amendment 150 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The penalties provided for shall be effective, proportionate and, dissuasive and uniform across Member States. Penalties shall include as a minimum: CA13
Amendment 151 #
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage, economic damage for local communities and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % 8%of the operators or trader’s annual turnover in the Member State or Member States concerned; Union, calculated in accordance with Article 5(1) of Council Regulation (EC) 139/20041a; and shall be increased to ensure that the penalty exceeds the potential economic advantage gained and shall be deterrent; CA13 __________________ 1a Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
Amendment 152 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) the obligation to restore the environment; CA13
Amendment 153 #
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products and other publicly or privately available sources, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The Commission should also examine how land rights can be integrated into monitoring under the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations, operators and third countries.
Amendment 153 #
Proposal for a regulation
Article 23 – paragraph 2 – point b b (new)
Article 23 – paragraph 2 – point b b (new)
(bb) the obligation to compensate for damage done to any natural or legal person that the exercise of due diligence would have avoided; CA13
Amendment 154 #
Proposal for a regulation
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
(d) temporary exclusion from public procurement processes. and from access to public funding, including tendering procedures, grants and concessions; CA13
Amendment 155 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) temporary or permanent prohibition from placing or making available relevant commodities and products on the Union market, or exporting them, in the event of a serious infringement or of repeated infringements; CA13
Amendment 156 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(db) prohibition from the use of the simplified due diligence procedure in Article 12, in the event of a serious infringement or of repeated infringements; CA13
Amendment 157 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall notify the Commission of operators and traders that have failed to fulfil their obligations under this Regulation and the penalties imposed on them by means of the information system referred to in Article 31 within 30 days of the relevant finding of non-compliance, taking due account the relevant data protection rules. The Commission shall publish a list of operators and traders concerned. They shall be informed of their inclusion in the list. The list of non-compliant operators and traders shall contain the following elements: (a) the name of the operator or trader; (b) the date of the first inclusion on the list and the date from which sufficient remedial action was taken; (c) a summary of the activities justifying the inclusion of the operator or trader on the list; and (d) the nature and, where financial, the amount of the penalty imposed. The list shall be made publicly available on the website of the Commission and regularly updated. The Commission shall publish the list in the Official Journal of the European Union and in the Register referred to in Article 31. CA13
Amendment 158 #
Proposal for a regulation
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
Amendment 159 #
Proposal for a regulation
Article 24 – paragraph 7 – point b
Article 24 – paragraph 7 – point b
(b) Where the release for free circulation or export has been suspended in accordance with paragraph 6, the competent authorities have not requested, within the 3five working days, or 72 hours for fresh commodities and products which are a the risk of spoilage, indicated in Article 14(7), the need to maintain the suspension of the release for free circulation or export of that relevant commodity or product; CA14
Amendment 160 #
Proposal for a regulation
Article 24 – paragraph 8 – subparagraph 1
Article 24 – paragraph 8 – subparagraph 1
Upon notification of thae non-compliant status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product — release for free circulation/export not authorised — Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation] CA14
Amendment 161 #
Proposal for a regulation
Article 24 – paragraph 10
Article 24 – paragraph 10
10. Customs authorities may donate the relevant commodity or product to charitable or public interest purposes or, and only if that is not possible, recycle or, as a last resort, destroy a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly. Upon request of competent authorities, non-compliant relevant commodities and products may alternatively be confiscated and placed by customs at the disposal of the competent authorities.CA14
Amendment 162 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destination. as well as with the national competent authority in charge of enforcing this Regulation. CA10
Amendment 163 #
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. CA15
Amendment 164 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable: CA15
Amendment 165 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission mayshall identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2) within 6 months of the entry into force of this Regulation. That list shall be updated as necessary in light of new evidence. CA9
Amendment 166 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent and objective assessment process which shall take into account information provided by the country concerned and by the country, regional authorities concerned, operators as well as NGOs and third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria: CA9
Amendment 167 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and, forest degradation, and forest conversion, CA9
Amendment 168 #
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
(d) whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation and, forest degradation and forest conversion are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC; CA9
Amendment 169 #
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or, forest degradation or forest conversion and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;, provided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment; CA9
Amendment 170 #
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation and relevant law in accordanc ewith Article 2(28) of this Regulation, and takes effective enforcement measures to ensure that those laws are implemented and to avoid and sanction activities whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation, forest degradation and forest conversion, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation, forest degradation or forest conversion or non-compliance with the rules applicablein the country of production described in Article 2, point (28), are applied. CA9
Amendment 171 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) whether the national and sub- national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, and the private sector, including micro enterprises, SMEs and smallholders, to tackle deforestation, forest degradation, forest conversion, land rights violations and illegal production; CA9
Amendment 172 #
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(fb) whether the country concerned makes relevant data available transparently; CA9
Amendment 173 #
Proposal for a regulation
Article 27 – paragraph 2 – point f c (new)
Article 27 – paragraph 2 – point f c (new)
(fc) if applicable, the existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders; CA9
Amendment 174 #
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries, regional authorities as well as the operators and traders concerned of its intent to assign a change to the existing risk- category of a country or part thereof and invite them to provide any information deemed useful in this regard. The Commission shall allow the countrso carry out a public consultation to gather information and views from interested parties, including in particular indigenous peoples, local communities, smallholders and civil society organisations. The Commission shall allow the countries and regional authorities adequate time to provide a response, which may include information on measures taken by the country or regional authority to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category. CA9
Amendment 175 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
It shall include in the notification and in the consultation the following information: CA9
Amendment 176 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they should always be accompanied by a due diligence statement and the operators` due diligence system should be controlled by an independent third-party external auditor accredited with an international accreditation body such as ISEAL on an annual basis.
Amendment 176 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The CommissionIn a coordinated approach the Commission and the Member States, shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation, local governments and interested parties, in particular those exporting significant volumes of commodities listed in Annex I, including via the use of existing and future partnerships and free trade agreements and the alignment of existing aid tools to jointly address the root causes of deforestation and, forest degradation and forest conversion. Such partnerships and cooperation mechanisms wishall be supported with adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation, forest conversion and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues,, good governance, as well as protecting the rights and livelihoods and subsistence of forest-dependent communities, including indigenous peoples, local communities, other customary tenure rights holders and smallholders. Partnerships and cooperation mechanisms may include, but are not limited to, structured dialogues, financial and technical support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries and parts thereof to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmThe Commission shall ensure that indigenous peoples, local communities and civil society, are involved in the development of joint roadmaps. The joint roadmaps shall be based on milestones agreed with local stakeholders. The Commission shall particularly engage with producing countries to remove legal obstacles to their compliance, including national land tenure governance and data protection law. The aim of those partnerships is the development of joint roadmaps, including sustained dialogue and cooperation, in particular with countries and parts thereof identified as high-risk, to support continuous improvement towards the standard risk category in accordance with Article 27. Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable them to transition to sustainable farkming uander Article 27 of this Regulation. forestry practices and to comply with the requirements of this Regulation, including through enabling sufficient and user- friendly information. Adequate financial resources shall be available to meet the needs of smallholders. CA9
Amendment 177 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation shall have adequate financial resources and shall take full account of the information and alerts provided by the EU Observatory. They should allow the full participation of all stakeholders, including civil society, indigenous peoples, local communities, and the private sector including micro enterpreises, SMEs, and smallholders. Partnerships and cooperation shall also support or initiate inclusive and participatory dialogue towards national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation. CA9
Amendment 178 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. To ensure that the enforcement of this Regulation is not unduly restrictive or disruptive to trade, especially towards relevant LDCs, the Commission shall supply specific administrative and capacity-building support to governments, local governments, civil society organisations, including trade unions, and producers, particularly small producers, in third countries aimed at facilitating for these actors to live up to the administrative requirements of this Regulation. CA9
Amendment 179 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscincluding multi-stakeholder processes to establish the scope of relevant legislation, fiscal or commercial incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, and the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities that depend on the forest including smallholders, indigenous peoples and local communities strengthen national systems of governance and law enforcement, and ensure public access to forest management documents and other relevant information. The Commission shall aim to integrate the monitoring of land and tenure rights under the EU Observatory. CA9
Amendment 180 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and, forest degradation and forest conversion, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems.s and other natural ecosystems and related human rights. CA9
Amendment 181 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation. and inform the Commission about the measures put in place. CA16
Amendment 182 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 183 #
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of landroduction areas. These geo-location coordinates that rely on timing, positioning and/or Earth observation of relevant production areas could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus) or from other publicly or privately available sources. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 183 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. In order to facilitate the transmission of substantiated concerns from natural or legal persons from producer countries, and especially from local communities, the Commission shall establish a centralised communication procedure to channel those concerns to the relevant Member States. That procedure shall be complementary to those established by competent authorities. CA16
Amendment 184 #
Proposal for a regulation
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3b. Member States shall provide for measures to protect the identity of the natural or legal persons who submit substantiated concerns or who carry out investigations with the aim of verifying compliance by operators or traders with this Regulation. CA16
Amendment 185 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Access to a court or other independent and impartial public body pursuant to paragraph 1 shall be fair, equitable, timely and not prohibitively expensive and provide adequate and effective remedies, including injunctive relief where appropriate. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures. CA16
Amendment 186 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Commission shall establish and maintain, by the date established in Article 36(2), an information system (“Register”) which shall contain the due diligence statements made available pursuant to Article 4(2). and the list of non-compliant operators and traders referred to in Article 23a. CA17
Amendment 187 #
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) registration of the outcome of controls on due diligence statements; and the penalties imposed; CA17
Amendment 188 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders in accordance with their respective obligations under this Regulation., traders, or their legal representatives, or both, and suppliers concerned in accordance with their respective obligations under this Regulation. Suppliers concerned shall have the right to consult all information which pertains to them. CA17
Amendment 189 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. IWithout prejudice to Article 23 and in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public, except for the information in paragraph 2, point (e) of this Article, to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. CA17 __________________ 51 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56–83).
Amendment 190 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years aAfter the entry into force of this Regulation, the Commission shall carry out a first review of this Regulation, andontinuously review its application. The Commission shall: (a) present a report to the European Parliament and the Council, no later than one year after the entry into force of this Regulation, an impact assessment accompanied, ifwhere appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of , to extending the scope of this Regulation to other natural ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities., in addition to forest and other wooded land in accordance with the cut-off date and definitions as referred to in Article 2, CA1
Amendment 191 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:evaluate, no later than two years after the entry into force: CA1
Amendment 192 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) (i) the need for and feasibility of additional trade facilitation tools to support the achievement of the objecextending the scope of this Regulation to other commodities and products, in particular additional products derived from the commoditives of the Regulation including through recognition of certification schemes;listed in Annex I as well as additional commodities and products, specifically sugar cane, ethanol and mining products; CA1
Amendment 193 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) (ii) the impact of theis Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition towards sustainable supply chains. and for smallholders to comply with the requirements of this Regulation; (iii) the need for and feasibility of additional trade facilitation tools, in particular for Least Developed Countries highly impacted by this Regulation and countries identified as standard or high risk, to support the achievement of the objectives of this Regulation. CA1
Amendment 194 #
Proposal for a regulation
Article 32 – paragraph 2 – point b a (new)
Article 32 – paragraph 2 – point b a (new)
(ba) analyse, within one year of the adoption of [the forthcoming Directive on corporate sustainability due diligence], whether any guidelines are needed to facilitate the implementation of this Regulation and ensure coherence between this Regulation and [the forthcoming Directive on corporate sustainability due diligence], and to avoid undue administrative burden. CA1
Amendment 195 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafterreviews scheduled in paragraph 1, the Commission shall conduct at regular intervals a review of Annex I in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and, forest degradation and forest conversion, and take into account changes in consumption, including a detailed assessment of changes to the patterns of trade in the sectors covered by this Regulation, as indicated by scientific evidence. CA1
Amendment 196 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The Commission shall continuously monitor the impact of this Regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by interested stakeholders. CA1
Amendment 197 #
Proposal for a regulation
Article 32 – paragraph 3 b (new)
Article 32 – paragraph 3 b (new)
3b. The Commission shall continuously monitor changes in the trade patterns of the products and commodities included in the scope of this Regulation. When changes in the pattern of trade are found to have insufficient due cause or economic justification other than to avoid obligations as laid down in this Regulation, including replacing those products and commodities with other products and commodities which are not included in the list of products and commodities in Annex I but have similar characteristics, this should be viewed as a practice of circumvention. Interested parties may inform the Commission of any perceived circumvention and the Commission shall investigate any substantiated claim introduced by an interested party. CA1
Amendment 198 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following any of the reviews as set out in paragraph 3s 1 to 4, the Commission mayis empowered to adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made using relevant commodities.supplement the list in Annex I, or, if appropriate, present a legislative proposal to amend this Regulation. CA1
Amendment 199 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises and small enterprises53 established by December 31, 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. CA18 __________________ 53 As defined in Article 3(1) and (2) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC.
Amendment 200 #
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements and an annual audit report by an independent third-party auditor accredited with an international accreditation body such as ISEAL to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information systemnon-commercially sensitive data should also be accessible for a wider public, with the anonymised data provided in an open and machine-readable format in line with the Union’s Open Data Policy.
Amendment 200 #
Proposal for a regulation
Annex I
Annex I
Amendment 201 #
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2. Harmonised System code, free-text description, including the trade name as well as, where applicable, the full scientific name, and quantity70 of the relevant commodity or product that is intended to be placed on or exported from the Union market by the operator;. CA3 __________________ 70 The quantity must be expressed in kilograms of net mass, specifying a percentage estimate or deviation, and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.
Amendment 202 #
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots parts thereof land of production, includingall geo- localisation coordinates, latitude and longitude, of all plots of lands as specified in Article 9 (1) point d. Where a product or commodity contains materials, ingredients or components produced in different plots of lands or polygons, the geo-location coordinates of all different plots of lands or polygons shall be included; CA3
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means thehuman- induced conversion of forest to agricultural use, whether human-induced or notprimary forests or other wooded land to agricultural use or to plantation forest according to FAO`s definition;
Amendment 404 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The due diligence system of operators placing products for the first time on the market or exporting them shall be verified by an independent external auditor that is accredited with an international accreditation body on an annual basis. Operators shall also offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records.
Amendment 427 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In case a natural or legal person established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation, regardless of its size.
Amendment 444 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitudeproduction area coordinates collected via geolocalisation, including for the perimeter of all plots of land, farm, plantation, cooperative or village, where the relevant commodities and products were produced, as well as date or time range of production; the time range or harvesting season of production; any deforestation in the given production area would automatically disqualify the entire production area from imports of relevant commodities and products thereof;
Amendment 507 #
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, including certification or other third- party-verified schemes, reporting, record- keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;
Amendment 605 #
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
(g) any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation- free, including Earth observation data such as from Copernicus programme and tools, or from other publicly and privately available sources, and
Amendment 714 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission maye Commission shall identify countries or partregions thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or partregions thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2) within 6 months after entry into force of this Regulation. That list shall be updated as necessary in light of new evidence.
Amendment 884 #
Amendment 898 #
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots region thereof land ofall production areas, including geo- localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of landroduction areas, the geo-location coordinates of all different plots of landroduction areas shall be included;