43 Amendments of Markéta GREGOROVÁ related to 2021/0366(COD)
Amendment 290 #
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 1530% 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 1530% 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 regularly include all of the elements listed in Article 15.
Amendment 291 #
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 based on 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.
Amendment 292 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in line with Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end within a specified and reasonable period of time.
Amendment 296 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcoming in the due diligence system which may have led to the non compliance, in view of preventing the risk of further infringements
Amendment 297 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to takcomplete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1, or where the non- compliance referred to in paragraph 1 persists after that period of time ends, competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 299 #
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage 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 % of the operators or trader’s annual turnover in the Member State or Member States concernedUnion, calculated in accordance with Article 5(1) of Regulation (EC) 139/2004;
Amendment 300 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them.;
Amendment 301 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(db) recall of relevant commodities or products offered for sale including at retailers;
Amendment 302 #
Proposal for a regulation
Article 23 – paragraph 2 – point d c (new)
Article 23 – paragraph 2 – point d c (new)
(dc) criminal sanctions, in accordance with the (Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC)
Amendment 304 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Amendment 309 #
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 fourno later than 1 years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 310 #
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:
Amendment 313 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- 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 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 314 #
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria:
Amendment 315 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forestecosystem conversion and forest and ecosystems degradation,
Amendment 317 #
Proposal for a regulation
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) production transformation, and import trends of relevant commodities and products,
Amendment 318 #
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
Amendment 320 #
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 implementationprovided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;
Amendment 322 #
Proposal for a regulation
Article 27 – paragraph 2 – point e a (new)
Article 27 – paragraph 2 – point e a (new)
(ea) the existence of public mapping of all existing concessions and the possibility for these to be linked with ownership data
Amendment 323 #
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 conversion and forest and ecosystem degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied. forest conversion or forest and ecosystem degradation or non-compliance with the rules applicable in the country of production described in Article 2(28) are applied.
Amendment 326 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders;
Amendment 328 #
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
Amendment 331 #
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. It shall also carry out a public consultation to gather information and views from all interested parties, including in particular Indigenous Peoples, local communities small holders, women and civil society organisations. The Commission shall allow the countries and other interested parties adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.
Amendment 332 #
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:
Amendment 334 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 337 #
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, including countries exporting significant volumes of commodities listed in Annex I, to develop partnerships and cooperation to jointly address the root causes of deforestation, ecosystems conversion and forest and ecosystem degradation. Such partnerships and cooperation mechanisms wishall be supported by adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradationecosystem conversion, forest and ecosystem degradation, human rigths protection, and the transition to sustainable commodity production, consumption processing and trade methods, good governance as well as protecting the lives and livelihoods of forest dependent communities including indigenous peoples, local communities, other customary tenure right holders and smallholders. 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. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 340 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow the full participation of all stakeholders, including civil society, indigenous peoples, local communities, women and the private sector including, SMEs and smallholders.
Amendment 344 #
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, including multi stakeholder processes to define the scope of relevant legislation, fiscal 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, 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 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.
Amendment 345 #
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 ecosystemand other natural ecosystems and related human rights.
Amendment 348 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission shall ensure that there are sufficient resources to support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market.
Amendment 351 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall 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 circumstances indicate a breach has likely occurred, 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.
Amendment 352 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possiblewithin 30 days of receiving a substantiated concern, and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its assessment of their substantiated concern pursuant to paragraph 2, and the decision to accede to or refuse the request for action and shall provide the reasons for it and shall, where further action is taken pursuant to paragraph 2, inform the natural or legal person of the further action taken and the outcome within 60 days of receiving the substantiated concern.
Amendment 353 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 355 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as provide adequate and effective remedies, including injunctive relief where appropriate.
Amendment 356 #
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 360 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditieadditional measures to strengthen the protection of forests , natural ecosystems, and human rights.
Amendment 363 #
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:
Amendment 366 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 368 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 370 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Commission shall permanently monitor the impacts 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 the interested stakeholders. No later than three years from the date of application referred to in Article 36(2), the Commission shall propose measures, taking into account the outcomes of the monitoring process aiming at supporting these stakeholders, in particular to: a) Ensure that their production methods and scale are able to comply with the sustainability criteria set out in the regulation, and that their commodities and products are traceable and their origin transparent; b) Promote, when necessary, their transition towards, and the maintaining of, socially and environmentally sustainable agricultural practices which do not make them exclusively dependent on commodity production for export but support a transition focused on agro- ecology; c) Facilitate and support their inclusion in supply chains leading to the EU internal market by creating conditions and incentives that enable them to comply with the EU regulatory requirements; d) Provide support and incentives for them to conserve their forests and natural ecosystems on their lands that are used for commodity production; e) Guarantee that, in any case, the rights of Indigenous Peoples and other local communities with tenure rights are adequately protected.
Amendment 371 #
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 productcommodities 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 deforeste broadest application to commodities linked to deforestation, ecosystem conversion and forest and ecosystem degradation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 373 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following a review as set out in paragraph 3, the Commission may adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made usingadditional relevant commodities.
Amendment 375 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and the public, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.