15 Amendments of Fiona HALL related to 2008/0198(COD)
Amendment 55 #
Proposal for a regulation
Recital 3
Recital 3
(3) Illegal logging, in combination with institutional and governance deficiencies in the forest sector of a significant number of timber-producing countries, is a pervasive problem of major international concern. Itllegal 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, and undermines sustainable forest management and development. In addition, it also has social, political and economic implications, often undermining progress towards good governance goals.
Amendment 57 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The Community and the Member States have legally and politically committed themselves to the conservation and sustainable use of the earth’s resources, combating illegal logging and related trade and corruption, as well as sustainable forest management, poverty alleviation and the protection of the rights of indigenous peoples, and local and forest-dependent communities. This Regulation should contribute to the fulfilment of these obligations and commitments, including those contained in: (a) the Convention on Biological Diversity of 1992 (CBD); (b) the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973 (CITES); (c) the International Tropical Timber Agreements (ITTA) of 1983, 1994 and 2006; (d) the United Nations Framework Convention on Climate Change of 2002 (UNFCCC); (e) the United Nations Convention to Combat Desertification of 1994; (f) the Rio Declaration on Environment and Development of 1992; (g) the Johannesburg Declaration and Plan of Implementation as adopted by the World Summit on Sustainable Development on 4 September 2002; (h) the proposals for action of the Intergovernmental Panel on Forests/International Forum on Forests; (i) the UNCED non-legally binding authoritative statement of principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests of 1992; (j) Agenda 21 as adopted by the United Nations Conference on Environment and Development in June 1992; (k) the United Nations General Assembly Special Session (Ungass) resolution ‘Programme for the further implementation of Agenda 21’ of 1997; (l) the Millennium Declaration of 2000; (m) the World Charter for Nature of 1982; (n) the Declaration of the United Nations Conference on the Human Environment of 1972; (o) the 1972 Action Plan for Human Environment, the proposals of the Intergovernmental Panel on Forests endorsed by the United Nations General Assembly in its 1997 Special Session; (p) the United Nations Forum on Forests, Resolution 4/2; (r) the Convention on European Wildlife and Habitats of 1979; (s) the UN Convention against Corruption (UNCAC), ratified by the EC in 2005 and a majority of EU Member States.
Amendment 62 #
Proposal for a regulation
Recital 7
Recital 7
(7) Given the major scale and urgency of the problem, it is necessary to actively support the fight against illegal logging and related trade, to reduce the Community’s impact on forest ecosystems, to complement and strengthen the VPA initiative and to improve synergies between policies aiming at poverty reduction, the conservation of forests and the achievement of a high level of environmental protection, including combating climate change and biodiversity loss.
Amendment 65 #
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 primary basis to define what constitutes illegal logging. The application of legality standards should involve further consideration of international standards and contribute to the implementation of international commitments, principles and recommendations including those concerning mitigation of climate change, reduction of biodiversity loss, alleviation of poverty, promotion of good governance, tackling natural resource-related corruption, reduction of desertification and the protection and promotion of the rights of indigenous peoples, and local and forest-dependent communities.
Amendment 78 #
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 suitable and effective 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 82 #
Proposal for a regulation
Recital 17
Recital 17
(17) CEU inspectors and Member States’ competent authorities should monitor that the operators fulfil the obligations laid down in this Regulation. For that purpose theEU inspectors and Member States’ competent authorities should carry out official checks, including field audits, and require operators to take corrective measures where necessary.
Amendment 84 #
Proposal for a regulation
Recital 18
Recital 18
(18) CEU inspectors and competent authorities should keep records of the checks and make a summary publicly available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 23 January 2003 on public access to environmental information.
Amendment 107 #
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 147 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities shallThe Commission shall, in accordance with the regulatory procedure referred to in Article 11(2a), recognise monitoring organisations which apply for such recognition, if the monitoring organisation complies with the following requirements:
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) it has appropriate expertise;
Amendment 153 #
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(ab) it is legally and financially independent from the operators it certifies;
Amendment 155 #
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; disciplinary measures shall include reporting the matter to the relevant national competent authority.
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) it has rules providing for the following: (i) its members or operators certified by the monitoring organisation to be bound to use its due diligence systems; (ii) scrutiny of the monitoring organisation by its members or operators using its system.
Amendment 193 #
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 Regulation 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 Commission by 31 December 20XX and shall notify it without delay of, which may include, inter alia: (i) financial penalties reflecting: - the degree of environmental damage - the value of the timber products; - the tax losses and economic damage occasioned by the infringement; (ii) seizure of timber and timber products; (iii) temporary prohibition from marketing timber and timber products. (iv) Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions; Financial penalties shall represent at least five times the value of the timber products obtained by committing a serious infringement. In case of a repeated serious infringement within a five year period, the financial penalties shall gradually increase up to at least ten times the value of the timber products obtained by committing a serious infringement. Without prejudice to other provisions laid down in Community law, pertaining to public funds, Member States shall not grant any spubsequent amendment affecting them. lic aid under national aid regimes or under Community funds to operators convicted of a serious infringement of this Regulation, until corrective measures have been taken and effective, proportionate and dissuasive penalties have been applied.
Amendment 199 #
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.