Activities of Riitta MYLLER related to 2008/0198(COD)
Plenary speeches (1)
Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss - Timber and timber products (debate)
Amendments (23)
Amendment 58 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
3a. The decision of the European Parliament and the Council laying down the Sixth Environment Action Programme has identified as a priority activity the examination of the possibility of taking active measures to prevent and combat trade in illegally harvested wood and the continuation of the active participation of the Community and of Member States in the implementation of global and regional resolutions and agreements on forest-related issues.
Amendment 95 #
Proposal for a regulation
Article 1
Article 1
1.This Regulation lays down the obligations of operators who place or make available timber and timber products on the market. 2. This Regulation lays down the following principles: (a) that preventive action shall be taken; (b) that the measures contained in this Regulation shall contribute to sustainable development (c) that timber shall be legally harvested; (d) that all supply chain actors share responsibility for eliminating the risk that a particular product is made from illegally harvested timber in accordance with provisions of Article 2;
Amendment 100 #
Proposal for a regulation
Article 2 – point a
Article 2 – point a
a) ‘timber and timber products’ means the timber and timber products set out in the Annex with theout exception of timber and timber products which are subject to mandatory sustainability criteria established by Directive (EC) No XX/XX;
Amendment 105 #
Proposal for a regulation
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) ‘risk’ means the likelihood of occurrence of an event concerning timber, or timber in products imported into or exported from the territory of the Community, which prevents the correct application of this Regulation.
Amendment 106 #
Proposal for a regulation
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) ‘high risk’ means a situation where extra due diligence obligations are needed because of the following high risk factors: 1) the timber product 2) the source of the timber: a high risk is assumed, where there is consistent and reliable information regarding significant failures of forest governance in the respective country of origin which would permit export of illegal timber from a country, 3) the complexity of the supply chain of a product: higher risk of illegal content in a product is assumed where the supply chain is more complex.
Amendment 108 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘risk management’ means a set of measures and procedures carried out by operators in order to minimise the risk of placing illegally harvested timber and timber products on the market;the systematic identification of risk and the implementation of all measures necessary for limiting exposure to risk. This includes activities such as collecting data and information, analysing and assessing risk, prescribing and taking action, and regular monitoring and review of the process and its outcomes, based on international, Community or national sources or strategies.
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Operators who place timber and timber products on the market shall establish a due diligence system containing the elements referred to in Article 4(1) or make use of a due diligence system of a recognised monitoring organisation referred to in Article 5(1). Existing national legislative supervision and any voluntary chain of custody mechanism established by wood importing undertakings may be used as a basis for the due diligence system.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Operators who make timber and timber products available on the market shall, throughout the supply chain: (a) be able to identify the operator who has supplied the timber and timber products, and the operator to whom the timber and timber products have been supplied; (b) provide information upon request to the operator being supplied with timber or timber products specifying the country/countries of harvest, the forest of harvest and wood species contained in the timber and timber products;
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) ensure that only legally harvested timber and timber products are placed on the market by means of a traceability system,
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
Relevant stakeholders shall be consulted prior to the adoption of additional implementing measures.
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(ba) documentation to demonstrate its appropriate expertise
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 2 – point (c) a (new)
Article 5 – paragraph 2 – point (c) a (new)
(ca) documentation to demonstrate its ability to adopt a system that complies with the criteria set out in Articles 4 and 5.
Amendment 169 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Competent authorities shall notify the Commission within two months of any decision to recommend the grant, refuseal or withdrawal of recognition to aof any monitoring organisation.
Amendment 170 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Risk Management Procedure 1. Member States shall ensure that risk management procedures are implemented in an independent, objective and transparent manner. 2. To help determine the level of risk, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 11(2): (a) establish and manage one or more public databases that keep records of the names of logging undertakings and operators convicted of illegal activities, the nature of the infringement and the country and area where the infringement occurred; (b) compile a list of existing information sources that operators can use to assess risk levels; (c) develop guidance for the use of risk management tools; provide a list of the most common and frequent irregularities and types of infringements 3. Operators shall, on the basis of a risk assessment, take supplementary measures in situations which present a higher risk. Supplementary measures may, inter alia, include: (a) giving prior notification to the control authorities of the date and details of purchasing. (b) requiring proof of relevant management systems under which the purchase is agreed, (c) requiring additional documents, data or information. 4. The list in subparagraph 1 of paragraph 4 shall be reviewed and if necessary, extended by the Commission, in accordance with the regulatory procedure with scrutiny outlined in Article 11(2).
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Operators shall offermust provide the competent authority with all the assistance necessary to facilitate the performance of the checks referred to in paragraph 1eded in carrying out their duties, notably as regards access to premises and the presentation of documentation or records.
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Following the checkinspections referred to in paragraph 1 the competent authorities may requestire the operator to take corrective measures.
Amendment 181 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Checks shall be carried out, in any case, where: (a) the competent authority of the Member State has grounds to question compliance with the requirements of this Regulation regarding the placing on the market of timber or timber products by an operator; or (b) the competent authority of the Member State is in possession of information that questions compliance by the operator with the requirements for due diligence systems set out in this Regulation.
Amendment 182 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Where serious infringements are suspected of having taken place, Member States shall start a full investigation and apply immediate enforcement measures.
Amendment 186 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Immediate enforcement measures 1. Where a natural person is suspected of having committed, or is caught in the act while committing an infringement, or a legal person is suspected of being held liable for such an infringement, Member States shall start a full investigation of the infringement and, in conformity with their national law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular; (a) immediate cessation of commercial activity (b) the re-routing to port of shipments, or the temporary immobilisation or re- routing of the transport vehicle to another location for inspection; (c) the temporary immobilisation or confiscation of any transport or supply vehicle or machinery used in the operation concerned; (d) the seizure of timber and timber products; (e) the suspension of the authorisation to place timber and timber products on the market 2. The enforcement measures shall be of such nature as to prevent the continuation of the infringement concerned and to allow the competent authorities to complete its investigation.
Amendment 191 #
Proposal for a regulation
Article 12
Article 12
Amendment 194 #
Proposal for a regulation
Article 13
Article 13
The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulationwithin the meaning of Article 1 and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commis, which may include criminal or administrative penalties such as the temporary prohibition from marketing timber and timber products. Fines should be proportionate and determined taking into account the tax losses and environmental and economic damage occasioned by 31 December 20XX and shall notify it without delay ofan infringement in accordance with Article 1, and shall be at least X times the value of the timber or timber products obtained by the infringement. Without prejudice to other provisions laid down in Community law, pertaining to public funds, Member States shall not grant any spubsequent amendment affecting themlic aid under national aid regimes or under Community funds to operators convicted of an infringement in accordance with Article 1. The Member States shall notify those provisions to the Commission by 31 December 20XX and shall notify it without delay of any subsequent amendment affecting them.
Amendment 198 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. In preparing the report referred to in paragraph (2), the Commission shall have regard to the progress made in respect of the conclusion and operation of the FLEGT Voluntary Partnership Agreements adopted pursuant to Regulation No 2173/2005. The Commission shall consider whether any revisions of this Regulation are required in the light of experience of the operation of the FLEGT VPAs and their effectiveness in addressing the problem of illegal timber.