BETA

28 Amendments of Simone SCHMIEDTBAUER related to 2021/0366(COD)

Amendment 36 #
Proposal for a regulation
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 scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union, and therefore this Regulation must comply with WTO’s rules, and the measures listed in this regulation shall not be more trade- restrictive than necessary to fulfil the legitimate objective.
2022/03/31
Committee: AGRI
Amendment 49 #
Proposal for a regulation
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. Operators that source commodities and products from countries or parts thereof that do not present a risk should be subject to fewer obligations than those sourcing from negligible-risk ones. Operators sourcing commodities and products from countries or parts thereof that present a lownegligible 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.
2022/03/31
Committee: AGRI
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss caused by deforestation.
2022/03/31
Committee: AGRI
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural use, which would decrease the carbon sequestration of the land, whether human- induced or not; and excludes smaller than 0,5-hectare conversion of forest to agricultural use once per parcel by small and medium-sized enterprises.
2022/03/31
Committee: AGRI
Amendment 71 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause according to national legislation of the country of harvest and cause irreversible reduction or loss of the biological or economic productivity and complexity of forest ecosystems, due to forest use by humans, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services; and where, after final felling, the site is not regenerated naturally or artificially, such as planting or seeding, as part of the forest management practices, leading to an overall decrease of forest growth on national level.
2022/03/31
Committee: AGRI
Amendment 73 #
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause a 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 or serviccarried out in contravention of the applicable legislation in the country of harvest;
2022/03/31
Committee: AGRI
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats;deleted
2022/03/31
Committee: AGRI
Amendment 84 #
Proposal for a regulation
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 the Regulation, and
2022/03/31
Committee: AGRI
Amendment 88 #
Proposal for a regulation
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 the Regulation;
2022/03/31
Committee: AGRI
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from or obtained on relevant plot of lan or fed;
2022/03/31
Committee: AGRI
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means 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; certified commodities are considered to belong to the scope of application of negligible risk;
2022/03/31
Committee: AGRI
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
(19) ‘plot of land’ is an extension of land within a single real-estate property, as recognised by the laws of the country of production, and which enjoys sufficiently homogeneous conditions as to allow to evaluate on the aggregate level the risk of deforestation and forest degradation associated with commodities produced on that extension of land;deleted
2022/03/31
Committee: AGRI
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 6
6. Operators that have received new evidence-based 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.
2022/03/31
Committee: AGRI
Amendment 128 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) quantity (expressed in net mass and volume, or number of units) of the relevant commodities andor products;
2022/03/31
Committee: AGRI
Amendment 130 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products were produced, as well as date or time range of production(d) evidence through the due diligence system that the material for the product or commodity that has entered to the production chain has not caused deforestation, following the requirements of the competition legislation demonstrating that exact geo localisation coordinates of plot of lands is only known by the first operator in the chain; and taking into account that assortments may be mixed during the process;
2022/03/31
Committee: AGRI
Amendment 142 #
Proposal for a regulation
Article 9 – paragraph 3
3. The Commission may adopt delegatedimplementing acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system.
2022/03/31
Committee: AGRI
Amendment 147 #
Proposal for a regulation
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;deleted
2022/03/31
Committee: AGRI
Amendment 154 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) the complexity of the relevant supply chain, in particular difficulties in connecting the supply chain commodities and/or products to the plot of land where they were produced;
2022/03/31
Committee: AGRI
Amendment 160 #
Proposal for a regulation
Article 10 – paragraph 8
8. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraphs 2, 4 and 6 as regards relevant information to be obtained, risk assessment criteria and risk mitigation measures that may be necessary to supplement those referred to in this Article to ensure the effectiveness of the due diligence system.
2022/03/31
Committee: AGRI
Amendment 169 #
Proposal for a regulation
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are notonly required to fulfil thesimplified 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 lownegligible or standard risk in accordance with Article 27. (a) Operators in negligible risk countries only have to fulfil necessary information requirements, meaning they are not required to: (aa) fulfil the obligations under Article 9 (1) lit g and h; (ab) fulfil the obligations under Article10; (ac) make available to the competent authorities via the information system referred to in Article 4(2) and Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products; (b) Operators in standard risk countries have to fulfil information requirements and a simplified risk assessment and risk mitigation.They are not required to: (ba) fulfil the obligations under Article 9 (1) lit g and h; (bb) fulfil the obligations under Article 10 (2) lit c to i.
2022/03/31
Committee: AGRI
Amendment 182 #
Proposal for a regulation
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least, as defined in the risk-based approach, cover both 5% of the operators that are placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5% ofnd the quantity of each of the relevant commodities placed or made available on or exported from their market.
2022/03/31
Committee: AGRI
Amendment 191 #
Proposal for a regulation
Article 17
Recovery of costs by competent authorities 1. Member States may authorise their competent authorities to reclaim from the operators or traders the totality of the costs of their activities with respect to instances of non-compliance. 2. The costs referred to in paragraph 1 may include 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.Article 17 deleted
2022/03/31
Committee: AGRI
Amendment 211 #
Proposal for a regulation
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 lownegligible 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 lownegligible 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.
2022/03/31
Committee: AGRI
Amendment 214 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The identification of lownegligible, standard and high risk countries or parts thereof pursuant to paragraph 1 shall be based on a transparent checklist, showing to which extent each of the following criteria contributes to the assessment, and on predefined, measurable, and comparable indicators. To ensure that this checklist is implementable and adapted to local conditions, it should be agreed upon jointly by the EU Institutions and EU Member States. Furthermore, the identification shall take into account information provided by the country concerned and be based on the following assessment criteria:
2022/03/31
Committee: AGRI
Amendment 227 #
Proposal for a regulation
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit substantiated concerns to competent authorities when they deem, based on objective circumstacollected and sufficient evidences, that one or more operators or traders are failing to comply with the provisions of this Regulation.
2022/03/31
Committee: AGRI
Amendment 228 #
Proposal for a regulation
Article 29 – paragraph 2
2. Competent authorities shall diligently and impartially assess the substantiated concercollected and sufficient evidence, that is required in the existing legislation or competent authorities’ instructions, 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.
2022/03/31
Committee: AGRI
Amendment 233 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
3 a. The substantiated concern system shall not cause excessive administrative burden for the competent authority.
2022/03/31
Committee: AGRI
Amendment 246 #
Proposal for a regulation
Annex II – paragraph 1 – point 3
3. Country of production and all plots of land of production, including geo- localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of land, theEvidence through the due diligence system that the material for the product or commodity that has entered to the production chain has not caused deforestation, following the requirements of the competition legislation demonstrating that exact geo- localisation coordinates of all different plots of land shall be includedplot of lands is only known by the first operator in the chain; and taking into account that assortments may be mixed during the process;
2022/03/31
Committee: AGRI