13 Amendments of Patrizia TOIA related to 2014/0059(COD)
Amendment 18 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbates existing conflicts or triggers new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 20 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Human rights abuses are common within the extractive industry and include child labour, sexual violence, disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 25 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 35 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) In accordance with OECD Due Diligence Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point c (new)
Article 1 – paragraph 1 – point c (new)
(c) help companies respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 66 #
Proposal for a regulation
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) ‘OECD Due Diligence Guidance’ means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013))1a including all Council Recommendations, Annexes and Supplements, as may be amended or replaced periodically; _________________ 1a OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013), http://dx.doi.org/10.1787/9789264185050- en.
Amendment 67 #
Proposal for a regulation
Article 2 – point a b (new)
Article 2 – point a b (new)
(ab) ‘covered resources’ means all natural resources as set out in Annex I, as may be amended periodically in accordance with this Regulation;
Amendment 68 #
Proposal for a regulation
Article 2 – point a c (new)
Article 2 – point a c (new)
Amendment 74 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) ‘mineralresources supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralresources from the extractionsourcing site to their incorporation in the final product;
Amendment 81 #
Proposal for a regulation
Article 2 – point e
Article 2 – 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; dentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that: (i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars; and (ii) high--risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterized by widespread human rights abuses and violations of national or international law;
Amendment 96 #
Proposal for a regulation
Article 2 – point j d (new)
Article 2 – point j d (new)
(jd) ‘business confidentiality and other competitiveness concerns’ means price information and supplier relationships without prejudice to subsequent evolving interpretation.
Amendment 107 #
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 State 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 obligIn accordance with the OECD Due Diligence Guidance, operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator’s position in the supply chain, the size of the operator, the location of the operator’s activities, the situations including results of the independent third-party audits carried out a particular country, the sector and nature of the products or services involved.
Amendment 184 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.