24 Amendments of Marion WALSMANN related to 2021/0366(COD)
Amendment 47 #
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 could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). 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 57 #
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 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 burden for customs authorities should be limited. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.
Amendment 61 #
Proposal for a regulation
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. OAll 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. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities. Operators which are SMEs and microenterprises should also be subject to fewer obligations according to Article 12.
Amendment 62 #
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, 2020the entry into force of this Regulation, and
Amendment 63 #
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, 2020the entry into force of this Regulation;
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘operator’ means any natural or legal person who, in the course of a commercial activity, places relevant commodities and products for the first time on the Union market or exports them from the Union market;
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) “smallholders” are small-scale farmers, pastoralists, forest keepers, fishers who manage areas varying from less than one hectare to 10 hectares. Smallholders are characterised by family- focused motives such as favouring the stability of the farm household system, using mainly family labour for production and using part of the produce for family consumption.
Amendment 69 #
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. Operators that are SMEs shall only exercise due diligence according to Article 8 (a) and Article 9.
Amendment 77 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new and proved information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 80 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. In order to avoid duplications of due diligence procedures, the obligations set out in this article do not have to be applied: (a) if products have been processed in the EU and contain ingredients that have already been subject to due diligence procedures according to this Regulation; (b) to the export of relevant commodities and products if the import of it was already subject to due diligence procedures.
Amendment 84 #
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 and places them on the Union market in the course of a commercial activity shall be considered operator within the meaning of this Regulation.
Amendment 87 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purposes of this Regulation, the due diligence shall keep administrative burden to a minimum and include:
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Operators that are SMEs shall only exercise due diligence according to paragraph 2 (a) of this article.
Amendment 97 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Operators that are not SMEs, 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.
Amendment 103 #
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 landroduction area where they were produced;
Amendment 114 #
Proposal for a regulation
Article 10 – paragraph 6 – introductory part
Article 10 – paragraph 6 – introductory part
6. Operators that are not SMEs shall have in place adequate and proportionate policies, controls and procedures to mitigate and manage effectively the risks of non- compliance of relevant commodities and products identified. These shall include:
Amendment 115 #
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;
Amendment 118 #
Proposal for a regulation
Article 10 – paragraph 6 – point b
Article 10 – paragraph 6 – point b
(b) an independent audit function to check the internal policies, controls and procedures referred to in point (a) for all operators that are not SMEs.
Amendment 123 #
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 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. Operators which are SMEs are also not required to fulfil the obligations under Article 10.
Amendment 127 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a By the date of entry into force of this Regulation the Commission shall provide guidance, in particular to SMEs, on how to merge the different due diligence requirements the most efficiently.
Amendment 128 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12 b Smallholders In order to reduce burdens on smallholders as a result of this Regulation, the Commission shall engage with producing countries to remove legal and governance obstacles which impact their compliance with this Regulation and by the entry into force of this Regulation propose guidelines on how to ensure that smallholders do not lose their main source of income because of the requirements set out in this Regulation.
Amendment 134 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. Member States shall ensure that the market surveillance authorities have adequate powers and financial and human resources to effectively perform the obligations set out in this article.
Amendment 137 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall include at least one or more of the following:
Amendment 163 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) Traders and oOperators to make available the due diligence statement of a relevant commodity or product via national single window environment for customs referred to in Article 8 of Regulation [PO to check the reference number and article number after the proposal is adopted] and receive feedback thereon from competent authorities; and