29 Amendments of Cristina MAESTRE related to 2021/0366(COD)
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The present Regulation will take into account the specificity of each relevant commodity regarding its production chain.
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural or other type of land uses, whether human-induced or not;
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from birth to slaughter or obtained on relevant plot of land;
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new relevant 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 117 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(a a) The reference number of the due diligence statement or statements assigned by the information system referred to in Article 31 in relation to all the relevant commodities or products that have been supplied to them;
Amendment 119 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new relevant information, including substantiated concerns, that the relevant commodity or product that they have already made available 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 made available the relevant commodity or product on the market.
Amendment 122 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Prior to placing relevant commodities and products on the market or before exporting them, operators shall exercisecarry out a due diligence system with regard to all relevant commodities and products supplied by each particular supplier in such a way as to ensure the requirements set out in points (a) and (b) of Article 3..
Amendment 123 #
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 system shall include:
Amendment 124 #
Proposal for a regulation
Article 8 – paragraph 2 – point -a (new)
Article 8 – paragraph 2 – point -a (new)
(-a) the undertaking’s commitment, sourcing and risk management policies as referred to in Article 10(6).
Amendment 125 #
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) records of the activity referred to in Article 11.
Amendment 127 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3, taking into account its compatibility and respect with the local legislations. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to the relevant commodities or products, supported by evidence:
Amendment 132 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
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;in particular with regard to cattle, operators shall collect all the necessary information linking these geo-localisation coordinates to the actual identification and traceability information of the commodities and products concerned;
Amendment 137 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information throughout the supply chain ensuring that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;
Amendment 161 #
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Maintenance of dDue diligence systems development. Maintenance and record keeping
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. Subtitle: Due diligence system development.
Amendment 163 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a) and (b). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 165 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Subtitle: Maintenance and record keeping
Amendment 166 #
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1 b. 1. The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 172 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, if the operator obtains or is made aware of any relevant information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled.
Amendment 198 #
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Enhanced scrutinyIncreased controls according to risk
Amendment 200 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with 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, both for the relevant commodities or products concerned and all others with the same risk profile.
Amendment 204 #
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 206 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) donating it to charitable or public interest purposes or destroying the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 215 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned at the request of the Commission and be based on the following assessment criteria:
Amendment 221 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation as well as with those who are engaged with VPA FLEGT processes 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. Partnerships may also include mechanisms to exchange with the demand-side all the information that guarantees compliance with 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 226 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit substantiated concerns together with supporting documents to competent authorities when they deem, based on objective circumstances, that one or more operators or traders are failing to comply with the provisions of this Regulation.
Amendment 230 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. Competent authorities shall prioritize substantiated concerns related to the non-compliance of Article 3.b, when based on condemning verdicts or even ongoing legal complaints, initiated on the country of origin, by local communities, NGO or any other pertinent stakeholder.
Amendment 231 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possible and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observatiosubstantial concerns to the authority, of its decision to accede to or refuse the request for action and shall provide the reasons for it.
Amendment 232 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. In order to facilitate the transmission on substantiated concerns from natural or legal persons from producer countries, and especially from local communities, the Commission shall establish a centralized communication procedure that may channel those concerns to the relevant Member States. This procedure may be complementary to those established by competent authorities.