Activities of Kartika Tamara LIOTARD related to 2008/0198(COD)
Plenary speeches (1)
Obligations of operators who place timber and timber products on the market (debate)
Amendments (34)
Amendment 48 #
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits including timber and non-timber forest products and environmental services. Justification People are also involved. and local communities’ habitats. Or. nl
Amendment 53 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) It is evident that pressure on natural forest resources and the demand for timber and timber products are often too high and that the Community needs to reduce its impact on forest ecosystems regardless of where their effects occur.
Amendment 54 #
Proposal for a regulation
Recital 3
Recital 3
(3) Illegal logging is a pervasive problem of major international concern. It poses a significant threat to forests as it contributes to the process of deforestation, which is responsible for about 20% of CO2 emissions, threatens biodiversity, damages indigenous peoples’ habitat and undermines sustainable forest management and development. In addition, it also has social, political and economic implications and threatens local forest-dependent communities and the rights of indigenous peoples.
Amendment 60 #
Proposal for a regulation
Recital 6
Recital 6
(6) In accordance with the aim of that Communication, namely to ensure that only timber products that have been produced in accordance with the national legislation of the producing country enter the Community, the Community has been negotiating Voluntary Partnership Agreements (VPAs) with timber producing countries (partner countries), which put a legally binding obligation on the parties to implement a licensing scheme and to regulate trade in timber and timber products identified in the Agreements. VPAs may be concluded with timber- producing countries only if, in these countries, in addition to protection of the environment, biodiversity and the ecosystem, protection of local forest- dependent communities’ habitats, and the rights of indigenous peoples are also safeguarded in those countries’ national legislation relating to timber harvesting.
Amendment 63 #
Proposal for a regulation
Recital 8
Recital 8
(8) The efforts made by countries which have concluded FLEGT VPAs with the Community and the principles incorporated in them, in particular with regard to the definition of legally produced timber, should be recognised. It should be also taken into account that under the FLEGT licensing scheme only timber and timber products harvested in accordance with the relevant national legislation are exported into the Community. To that effect, timber products listed in Annexes II and III to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community12, originating in partner countries listed in Annex I to Council Regulation (EC) No 2173/2005 should be considered to have been legally harvested provided they comply with that Regulation and any implementing provisions. The principles set out in the VPAs, particularly with regard to the definition of ‘legally produced timber’ must include and guarantee sustainable forest management, the maintenance of biodiversity, the protection and rights of local forest-dependent communities, the protection of indigenous peoples and the safeguarding of their rights.
Amendment 67 #
Proposal for a regulation
Recital 11
Recital 11
(11) In the absence of an internationally agreed definition the legislation of the country where the timber was harvested should be the basis to define what constitutes illegal loggingof illegal logging, timber and timber products from those timber- producing countries must be excluded from the market.
Amendment 70 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
12a. All operators (traders and producers) in the timber and timber product supply chains on the European market must clearly indicate on the products on offer the legal source or supplier from which the timber originates.
Amendment 72 #
Council position
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits including the allocation of timber and non-timber forest products and environmental servicess well as the protection of biodiversity and provision of livelihoods for local people.
Amendment 72 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 74 #
Proposal for a regulation
Recital 14
Recital 14
(14) Operators placing timber and timber products for the first time on the Community market should exercise due diligence through a system of measures and procedures (due diligence system) to minimisexclude the risk of placing illegally harvested timber and timber products.
Amendment 79 #
Proposal for a regulation
Recital 16
Recital 16
(16) The timber sector is of major importance for the economy of the Community. Organisations of operators are important elements of the sector as they represent the interests of the latter at a large scale and interact with a diverse range of stakeholders. Organisations also have the expertise and capacity to analyse relevant legislation and facilitate the compliance of members, provided they do not use this competence with a view to dominate on the market. In order to facilitate the implementation of this Regulation and to contribute to the development of good practices it is appropriate to recognise organisations which have developed requirements for the realisation of the due diligence systems. A list of such recognised organisations will be made public and will enable the recognition of the monitoring organisations included therein by all Member States competent authorities.
Amendment 80 #
Council position
Recital 3
Recital 3
(3) Illegal logging is a pervasive problem of major international concern. It is compounded by institutional and governance deficiencies in the forest sector in a significant number of timber- producing countries. Illegal logging poses a significant threat to forests as it contributes to the process of deforestation and forest degradation, which is responsible for about 20% of CO2 emissions, threatens biodiversity, damages indigenous peoples' habitats and undermines sustainable forest management and development including the commercial viability of operators acting in accordance with applicable legislation. In addition, it also has social, political and economic implications. t also contributes to desertification and steppe- formation processes, increasing soil erosion and exacerbating extreme weather events and flooding. In addition, it also has social, political and economic implications, often undermining progress towards good governance goals, and threatens local forest-dependent communities and the rights of indigenous peoples.
Amendment 81 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to facilitate the implementation of this Regulation and to contribute to the development of good practice, the European Union shall encourage the above-mentioned organisations to cooperate with environmental organisations and human rights organisations to support diligence systems and the monitoring thereof.
Amendment 84 #
Council position
Recital 3 a (new)
Recital 3 a (new)
(3a) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme1 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 Union and of the Member States in the implementation of global and regional resolutions and agreements on forest-related issues. ________________ 1 OJL 242, 10.9.2002, p.1
Amendment 85 #
Proposal for a regulation
Recital 19
Recital 19
(19) Taking into account the international character of illegal logging and related trade competent authorities should cooperate between themselves and with environmental organisations, human rights organisations and the administrative authorities of third countries and/or the Commission.
Amendment 91 #
Proposal for a regulation
Article 1, title
Article 1, title
Subject matter and objective
Amendment 92 #
Proposal for a regulation
Article 1
Article 1
Subject matter Subject matter and objectives This Regulation lays down the obligations of operators who place or make available timber and timber products on the market. Operators shall ensure that only legally harvested timber and timber products are made available on the market. Operators who place timber and timber products on the market shall use a due diligence system. In implementing this Regulation, Member States shall regard as an infringement the placing and the making available on the market of any timber and timber products that have been harvested, taken, sold, traded or possessed in contravention of the applicable legislation, if attempted or committed with intent, recklessly or as a result of serious negligence. The provisions of this Regulation are aimed at: a) supporting and stimulating the implementation of sustainable forest management and creating strong deterrents to the illegal harvesting of timber and timber products; b) contributing to the implementation of applicable legislation, existing and planned international standards, and international commitments, principles and recommendations including those concerning mitigation of climate change, reduction of biodiversity loss, alleviation of poverty, reduction of desertification and the protection and promotion of the rights of indigenous peoples, local and forest-dependent communities.
Amendment 93 #
Council position
Recital 14 a (new)
Recital 14 a (new)
(14a) Operators from countries with forests of international ecological importance should have a particular responsibility for the sustainable exploitation of timber.
Amendment 94 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down the obligations of operators who place timber and timber products on the market with the objective of protecting and conserving the primeval forest and wooded areas, with the ultimate objective of preserving biodiversity and the ecosystem, protecting the climate, and protecting indigenous peoples and local forest-dependent communities and safeguarding their rights. Operators shall ensure that only legally harvested timber and timber products are placed on the market. Operators who place timber and timber products on the market shall use a due diligence system. The provider and the customer of timber and timber products shall both be responsible for ensuring that the products offered or purchased by them meet the requirements set out in this regulation.
Amendment 97 #
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 the exception of timber and timber products which are subject to mandatory sustainability established by Directive (EC) No XX/XX;; criteria
Amendment 104 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) 'legally harvested' means harvested in accordance with the applicable legislation in the country of harvest, in so far as that country in its legislation on logging and trade in timber and timber products, also sustainably regulates forest conservation and management, protects indigenous peoples, and local forest-dependent communities, protects their habitat and safeguards their rights;
Amendment 109 #
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 minimisexclude the risk of placing illegally harvested timber and timber products on the market;
Amendment 110 #
Proposal for a regulation
Article 2 – point f
Article 2 – point f
(f) '‘applicable legislation'’ means the legislation of the country of harvest, whether national, regional or international, regulating forest conservation and management and the harvesting of timber, as well as legnd which relates to the preservation of biological diversity, sustainable forest management, resources use rights and the minimislation on trade in timber or timber products related to forest conservation and management and to the harvesting of timber; f adverse environmental impacts; regulations relating to trade, property tenure, the protection and rights of indigenous peoples and/or local forest- dependent communities, the protection and recognition of their habitat, labour legislation, welfare legislation, taxes, import and export duties, royalties or fees relating to harvesting, transportation and marketing shall also apply in this connection;
Amendment 112 #
Proposal for a regulation
Article 2 – point h
Article 2 – point h
h) 'monitoring organisation' means a legal entity or a membership-based association or a federation that has the legal capacity to monitor and ensure the application of due diligence systems by the operators certified as making use of such systems. The monitoring organisation must have the necessary expertise and be independent. It must be possible to monitor the administration of the monitoring organisation and its activities in the field.
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Operators shall exercise due diligence to minimise the risk of placingbe able to ensure that no illegally harvested timber and timber products are placed on the market. To that effect, they shall use a framework of procedures and measures, hereinafter referred to as a 'due diligence system'.
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 1 –point b – subparagraph 1 a (new)
Article 4 – paragraph 1 –point b – subparagraph 1 a (new)
The placing and making available on the market of timber and timber products from conflict areas should be considered by the operators as high risk under this Regulation.
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The placing and making available on the market of timber and timber products harvested in contravention of land tenure and the resource users rights of indigenous people shall be prohibited. Where legal proceedings are pending, operators shall suspend sourcing timber and timber products from those areas.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
The Commission shall also lay down criteria to assess whether there is a risk that timber and timber products placed on the market have been derived from timber that has been harvested taking no or insufficient account of environmental protection, the conservation of biodiversity and the ecosystem, protection of the habitats of local communities, the protection of forest-dependent communities, and the protection and rights of indigenous peoples.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Individual Member States may not be prevented, with regard to access to the market of timber and timber products, from setting higher requirements for the harvesting and origin of timber than laid down in this regulation, in respect of sustainability, protection of the environment, the conservation of biodiversity and the ecosystem, the protection of local communities’ habitats, the protection of forest-dependent communities, the protection and rights of indigenous peoples and human rights.
Amendment 143 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Labelling Member States shall ensure that within two years of the entry into force of this Regulation all timber and timber products placed and made available on the market are labelled in accordance with the provisions of Article 3.
Amendment 144 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Amendment 156 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) it takes appropriate disciplinary measures against any certified operator who fails to comply with the due diligence system of the monitoring organisation. Options shall include withdrawal of the certificate and exclusion from the market.
Amendment 158 #
Council position
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply as from ...*. However, Articles 5(23(1), 6(1), 7(7) and 7(8) shall apply as from the date of entry into force of this Regulation. ______________ * OJ: please insert date: 3012 months after the date of entry into force of this Regulation.
Amendment 187 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Importing companies that make timber available on the European market must also include in their annual reports the environmental effects and social consequences of their (international) operation and of the harvesting and transport of the timber. This relates in particular to the environmental effects and social consequences in the area where the timber is harvested and in the timber- producing country.