Activities of Paul RÜBIG related to 2014/0059(COD)
Plenary speeches (1)
Supply chain due diligence by importers of minerals and metals originating in conflict-affected and high-risk areas (debate) DE
Amendments (33)
Amendment 31 #
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, supply chain due diligence is, as described within the OECD Due diligence Guidance, an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they do not contribute to conflict and adverse impacts thereof.
Amendment 38 #
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes established by business to support due diligence in accordance with OECD Guidelines and designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently aware or ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commission. and on companies exposed to global competition should be fully mapped out prior to implementation, as well as be monitored and reported on by the Commission, and should be revised if a negative impact is identified.
Amendment 42 #
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral’s origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list based upon existing lists of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices.
Amendment 43 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member StatA single Union-wide competent authorities ary should be responsibletablished in order to ensure the uniform compliance of the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligations. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 48 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member Statsingle Union- wide competent authoritiesy should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 51 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every sixthree years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high- risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures, but only when all aspects of the scheme can be demonstrated to have been fully evaluated and are functioning in such a way as to not cause harm, within the affected regions, as well as to trade and competition,
Amendment 80 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘conflict-affected and high-risk areas’ means areasffected areas to be in a state of armed conflict, and fragile post-conflict as well as areas witnessing weak or non- existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses;
Amendment 82 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Commission shall propose a list of conflict-affected and high-risk areas after the consultation of a committee consisting of Member States and industry representatives. The relevant Committee shall add or withdraw entries from the list of conflict affected and high-risk areas after a reasonable period of time.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘downstream’ means the metal supply chain from the smelters or refiners to the end use, excluding recycling;
Amendment 107 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member StatEU-wide competent authorities arey is responsible to ensure the uniform compliance of the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligations. Records of such checks should be kept for at least 5 years. Member States areThe EU-wide competent authority is responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Member StatUnion-wide competent authoritiesy that has to be established shall carry out appropriate ex- post checks in order to ensure that self- certified responsible importers of the minerals or metals within the scope of this Regulation comply with their obligations pursuant to Articles 4, 5, 6, and 7 of this Regulation.
Amendment 117 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member StatEU-wide competent authoritiesy should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 165 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this Regulation. Furthermore, the Commission will review Annex I on an annual basis in order to adapt to changing circumstances of mineral production in conflict affected and high risk areas. The Commission may adapt Annex I following such a review.
Amendment 168 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refiners that source – at least partially – from conflict- affected and high-risk areas. In this context, it should take into account existing industry, governmental or other due diligence schemes such as the Conflict-Free Smelter Program, the ITRI Tin Supply Chain Initiative, London Bullion Market Association Responsible Gold Guidance, and the Responsible Jewellery Council Initiative.
Amendment 173 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 174 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 175 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Amendment 177 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'conflict-affected and high-risk areas' means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses; the commission shall decide a list of conflict-affected and high- risk areas after the consultation of a committee consisting of Members States and industry representatives;
Amendment 211 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
The Regulation shall not become binding until such time as it can be verified that all supporting measures are in place and effective, and that the Regulation will not cause unintended harm to conflict- affected communities, or to the competitiveness of EU businesses, particularly small and medium sized enterprises.
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
(q) 'Member StatThe EU-wide competent authorities'y’ means the designated one or morEU-wide authoritiesy with auditing competences and knowledge as regards raw materials and industrial processes.
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member Statthe EU-wide competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligations including results of the independent third- party audits carried out.
Amendment 276 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Member StatEU-wide competent authoritiesy shall carry out appropriate ex- post checks in order to ensure that self- certified responsible importers of the minerals or metals within the scope of this Regulation comply with their obligations pursuant to Articles 4, 5, 6, and 7 of this Regulation.
Amendment 450 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in theirEU-wide competent authority in its reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this Regulation.
Amendment 465 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 466 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 468 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Amendment 469 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13. The Commission shall update the list regularlll relevant information on the EU-wide competent authority.
Amendment 508 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The EU-wide competent authoritiesy shall keep records of the checks referred to in Article 10(1), indicating in particular their nature and results, as well as records of any notice of remedial action issued under Article 14(2).
Amendment 509 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Records of the EU-wide competent authorities'y's checks shall be kept for at least 5 years.
Amendment 511 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. CThe EU-wide competent authoritiesy shall exchange information, including with their respective customs authorities, on matters pertaining to self-certification and ex-post checks carried out.
Amendment 513 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. CThe EU-wide competent authoritiesy shall exchange information on shortcomings detected through the ex-post checks referred to in Article 10 and on the rules applicable to infringement in accordance with Article 14 with the cCompetent authorities of other Member States and with the Commissionmission and the committee referred to in Art. 2 e.
Amendment 514 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Cooperation between authoritiesthe EU-wide competent authority, the Commission and the committee referred to in Art. 2 e shall be in full respect of the Directive 95/46/EC and Regulation (EC) No 45/2001 on data protection and the provisions of the Council Regulation (EEC) No 2913/92 relating to the disclosure of confidential information.