Activities of Jörgen WARBORN related to 2021/0366(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010
Amendments (74)
Amendment 65 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 66 #
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. 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 reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans. _________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 67 #
Proposal for a regulation
Recital 2
Recital 2
(2) Deforestation and forest degradation are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest – about 10% of the world’s remaining forests and an area larger than the European Union – have been lost worldwide between 1990 and 202019 . Deforestation and forest degradation areis, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest. _________________ 19 FAO, Global Forest Resource Assessment 2020, p. XII, https://www.fao.org/documents/card/en/c/c a9825en.
Amendment 69 #
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation and forest degradation 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. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . _________________ 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 70 #
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 change. 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 systemically restoring forests and other ecosystems is the single largest nature- based opportunity for climate mitigation.
Amendment 72 #
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 73 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation and forest degradation, enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015. The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals.31 _________________ 31 Council conclusions on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests (16 December 2019) 15151/19. Available at https://www.consilium.europa.eu/media/41 860/st15151-en19.pdf.
Amendment 74 #
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation and forest degradation 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 with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. _________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 76 #
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. Pglobal net deforestation reduction by promoting sustainable production in high-risk areas and disincentivising new deforestation in all areas. Union Policy should also influence the global market, not only supply chains to the Union. A trade policy built on openness and rule- based free trade is the most effective tool to affect global change. Multilateral and bilateral partnerships and efficient international cooperation, including free trade agreements, with producer and consumer countries are fundamental in that respect.
Amendment 79 #
Proposal for a regulation
Recital 15
Recital 15
(15) Halting deforestation and forest degradation is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action.
Amendment 80 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should also respond to the New York Declaration on Forests35 , a non-legally binding political declaration that endorses a global timeline to cut natural forest loss in half by 2020, and strive to end it by 2030. The Declaration was endorsed by dozens of governments, many of the world’s biggest companies, and influential civil society and indigenous organisations. It also called on the private sector to meet the goal of eliminating deforestation from the production of agricultural commodities such as palm oil, soy, paper and beef products by no later than 2020, a goal that was not achieved. The Regulation should in addition contribute to the United Nations Strategic Plan for Forests, 2017-203036 , whose Global Forest Goal 1 is to reverse the loss of forest cover worldwide through sustainable forest management, including protection, restoration, afforestation and reforestation, and increase efforts to prevent forest degradation and enhance the contribution of forests to climate change. _________________ 35 https://unfccc.int/news/new-york- declaration-on-forests. 36 https://www.un.org/esa/forests/wp- content/uploads/2016/12/UNSPF_AdvUne dited.pdf.
Amendment 81 #
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. The scopemeasures of this Regulation will thereforemust be WTO compliant i.e. proportionate, non-discriminatory and that they would not constitute arbitrary or unjustifiable discrimination or a disguised restriction on international trade; All measures that affect imports into the EU is also a risk of giving severe countermeasures for European business; taking into account the possible retaliation of trade partners; ensure that the enforcement of this Regulation is not unduly restrictive nor disruptive to trade. The scope of the Regulation will include both commodities and products produced within the Union and commodities and products imported to the Union.
Amendment 85 #
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 ensure a level playing field for EU businesses, 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. and focus on implementing and enforcing trade agreements, all new trade agreements, including Mercosur and others, consist of provisions that promote sustainable management which leads to better conditions of the forests and the obligation to ensure multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity, are implemented effectively; The Regulation should not be adopted without the ratification of the EU-Mercosur Agreement; Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world.; _________________ 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 87 #
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 promoteby promoting trade agreements that include forest conservation provisions, encourage trade in agricultural and forest-based products not causing deforestation; and the adoption of similar measures to avoid products coming from supply chains associated with deforestation and forest degradation being placed on their markets. _________________ 39 COM(2019) 352 final.
Amendment 88 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. 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. The rules must aim to minimise the burden on smallholders in third countries and prevent barriers to their access to the market and 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.
Amendment 91 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry without neglecting the national frameworks on sustainable forest management. In doing so it should acknowledge the role of indigenous people 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. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 94 #
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory will cooperate closely with relevant international organisations, research institutes, and third countries.
Amendment 95 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions should be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors.
Amendment 96 #
Proposal for a regulation
Recital 25
Recital 25
(25) The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures. Therefore, the new Union legal framework should address both legality and whether the production of relevant commodities and products is deforestation-free.
Amendment 97 #
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, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 98 #
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 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 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 hectares of 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 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%). _________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 99 #
Proposal for a regulation
Recital 28
Recital 28
(28) Bearing in mind that the use of recycled relevant commodities and products should be encouraged, and that including such commodities and products in the scope of this Regulation would place a disproportionate burden on operators; underlines the need to ensure the proportionality of regulatory burdens in the context of international trade, used commodities and products that have completed their lifecycle, and would otherwise be disposed of as waste, should be excluded from the scope of this Regulation.
Amendment 101 #
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 to promote deforestation- free supply chains.
Amendment 102 #
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 and the definitions in this Regulation build on this work.
Amendment 103 #
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, 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 after that date. It should allow for the appropriate verification and monitoring, correspond to 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 in view of the entry into force of this Regulation.
Amendment 104 #
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 under the circumstance that it does not lead to a disproportionate administrative burden on operators, relevant commodities and products produced in countries with a high risk of deforestation should be accompanied by a due diligence statement. The Commission should make an ex-post evaluation to assess the financial and administrative aspect for operators that are requested to submit due diligence statements;
Amendment 109 #
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. The identification of geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, pos may impose a disproportionate burden to operators, the Commission should revise the definitioning and/or Earth observ the legislation cshould make focuse of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus)n a scale other than "plots of land". 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. The Commission should analyse the possibility to exclude operators that are not considered as a high risk country from the obligation of due diligence statements.
Amendment 122 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. 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.
Amendment 128 #
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation and forest degradation 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.
Amendment 129 #
Proposal for a regulation
Recital 54
Recital 54
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, 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, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.
Amendment 131 #
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, 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, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.
Amendment 132 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to ensure that information requirements with which operators have to comply and which are set out in this Regulation remain relevant and in line with scientific and technological developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing the information requirements necessary for the due diligence procedure, the information and criteria of risk assessment and risk mitigation with which operators have to comply which are set out in this Regulation and the list of goods set out in Annex I of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with stakeholders, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 133 #
Proposal for a regulation
Recital 56
Recital 56
(56) Regulation (EU) No 995/2010 prohibits the placing of illegally harvested timber and timber products on the Union market. It lays down obligations for operators placing timber on the market for the first time to exercise due diligence and for traders to keep a traceable record of their suppliers and customers, which should be applied at an appropriate and general level to not cause any disproportionate administrative burdens. This Regulation should retain the obligation to ensure the legality of relevant commodities and products, including wood and wood products, placed on the Union market and complements them with the requirement on sustainability. This Regulation and the related Commission Implementing Regulation (EU) No 607/2012 are therefore rendered redundant by this Regulation and should be repealed.
Amendment 135 #
Proposal for a regulation
Recital 57
Recital 57
(57) Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. VPAs are generally intended to foster systemic changes in the forestry sector aimed at sustainable management of forests, eradicating illegal logging and supporting worldwide efforts to stop deforestation; VPAs provide an important legal framework for both the EU and its partner countries, made possible with the good cooperation and engagement by the countries concerned; new VPAs with additional partners should be promoted; To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation.
Amendment 139 #
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, 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, 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 therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 140 #
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation and forest degradation by reducing the contribution of consumption in the Union, and by incentivising deforestation reduction in producing 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.
Amendment 141 #
Proposal for a regulation
Recital 61
Recital 61
(61) Operators, traders and competent authorities should be given a reasonable periodsufficient time in order to prepare themselves to meet the requirements of this Regulation,
Amendment 148 #
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 worldwide
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation after December 31, 2020entry into force of this Regulation, and
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the wood has been harvested from the forest without inducing forest degradation after December 31, 2020deforestation after entry into force of this Regulation;
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 222 #
Proposal for a regulation
Article 8 – paragraph 1 – point 1 (new)
Article 8 – paragraph 1 – point 1 (new)
(1) The Commission has presented a proposal for a Directive on Corporate Sustainability Due Diligence (CSDD); the Commission should make a comprehensive impact assessment for the alignment of the Directive on CSDD and the Regulation to avoid any duplicates and to reduce the administrative burden; the Regulation shall also be revised if any due diligence obligations have stricter requirements than the Directive on CSDD; also take into account the results from the impact assessment in order to design rules that do not forego but enhance competitiveness for all companies, in particular SMEs; reminds the Commission of the "One in, one out" principle and demands that the proposal on due diligence will be paired with suggestions on reduced regulation for the industry; The Regulation shall foremost support well-functioning systems and ensure that already existing global forest certification schemes can be used.
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The Commission shall analyse the possibility to exclude operators that are not considered as a high risk country from the obligation of due diligence statements.
Amendment 225 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 231 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 233 #
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. 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 is not able to collect the requested or adequate information, they shall firstly be able to request assistance from the competent authority and secondly not place the relevant commodity or product on the Union market nor export it. This obligation must be analysed closely by the Commission and the regulation shall be revised if the required information lead to a disproportionate burden for the operator.
Amendment 239 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest degradation in the country, region and area of production of the relevant commodity or product;
Amendment 243 #
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 has occurred or is occurring;
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 2 – point i
Article 10 – paragraph 2 – point i
Amendment 246 #
Proposal for a regulation
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) complementary informationassurance onf compliance with this Regulation, which may include information supplied by certification or other third- party-verified schemes, including voluntary schemes recognised by the Commission under Article 30(5) of Directive (EU) 2018/200149 , provided that the information meets the requirements set out in Article 9; _________________ 49 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328/82, 21.12.2018, p. 82–209).
Amendment 249 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 254 #
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 revision or abolishment of provisions in other EU Regulations that generate compliance costs and administrative burden in the affected sectors or for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 273 #
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warningnotification of the operator or trader, except where prior notification of the operator or trader is necessaryand in close cooperation with stakeholders, in order to ensure the effectiveness of the checks.
Amendment 276 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) examination of documentation and records that demonstrate the compliance of a specific product or commodity that the operator has placed, intends to place on or export from the Union marketthe operator with the requirements of this Regulation;
Amendment 279 #
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 twhe exact place wthere the relevant commodity or product was produced, including isotope testingare deforestation- free;
Amendment 280 #
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) spot checks, including field audits, including where appropriate in third countries through cooperation with the administrative authorities of third countries. Any checks must be carried without disproportionate bureaucracy. If a product has been accepted, it should not be necessary to do another check, in order to keep the administrative burdens to a minimum.
Amendment 293 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 305 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Customs authorities shall control the correct declaration of relevant commodities and products entering or leaving the Union market. Such controls shall be based primarily on risk analysis to ensure that the administrative burden is kept to an absolute minimum, with the purpose of identifying and evaluating the risks and developing the necessary countermeasures, and shall be performed within a common risk management framework on the Union level.
Amendment 312 #
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. For wood products listed in Annex I, the EU Timber Regulation shall apply until the Commission has assigned a country to a risk category. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 316 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest degradation,
Amendment 319 #
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 are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC;
Amendment 321 #
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 and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;
Amendment 325 #
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 are applied.
Amendment 336 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. To broaden the trade tool box and the cooperation with third countries, there is a need to also include free trade agreements in the Regulation; the Commission and the Member States must therefore engage further on implementing and concluding free trade agreements; all new trade agreements, including Mercosur and others, consist of provisions that promote sustainable management which leads to better conditions of the forests and the obligation to ensure multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity, are implemented effectively; The Regulation should not be adopted without the ratification of the EU-Mercosur Agreement; Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 346 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems.
Amendment 349 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit reliable and substantiated concerns to competent authorities when they deem, based on relevant and objective circumstances, that one or more operators or traders are failing to comply with the provisions of this Regulation.
Amendment 358 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
Amendment 372 #
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 thereafter at regular intervals 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 take into account changes in consumption, as indicated by scientific evidence.
Amendment 374 #
Proposal for a regulation
Article 33
Article 33
Amendment 376 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Articles 3 to 12, 14 to 22, 24, 29 and 30 shall apply 124 months from the entry into force of this Regulation, with the objective to facilitate a smooth roll out of the Regulation, hence reducing the risk of disruptive impacts on trade.
Amendment 391 #
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3