15 Amendments of Cristina GUTIÉRREZ-CORTINES related to 2008/0198(COD)
Amendment 117 #
Council position
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Operators, with the exception of SMEs, who make timber and timber products available on the market of a value exceeding EUR 100 000 per annum, shall, throughout the supply chain, be able to: (i) identify both the operator who has supplied the timber and timber products, and the operator to whom the timber and timber products have been supplied; (ii) provide upon request information on the name of the species, the country/countries of harvest and where applicable the concession of origin; (iii) ascertain, where necessary, that the operator who has supplied the timber and timber products has fulfilled his obligations under this Regulation.
Amendment 136 #
Council position
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The competent authorities shall carry out checks at reasonable intervals appropriate to the complexity of the timber and timber products supply chain, i.e. with particular attention to its early stages, to verify if operators comply with the requirements set out in Articles 4 and 5.
Amendment 139 #
Council position
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The checks may include inter alia: (a) examination of measures and procedures that form part of the due diligence system; (b) examination of documentation and records that demonstrate the proper functioning of the due diligence system; (c) spot checks, including on-site checks, if necessary.
Amendment 140 #
Council position
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Operators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and to documentation and records.
Amendment 142 #
Council position
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where, following the checks referred to in paragraph 1, shortcomings have been detected, such as the use of an incomplete or ineffective due diligence system to minimise the risk of illegally harvested timber and timber products being placed on the market, the competent authorities may issue a notice of remedial actions to be taken by the operator. Any failure by the operator to take such remedial action may give rise to penalties in accordance with Article 17.
Amendment 149 #
Council position
Article 11 a (new)
Article 11 a (new)
Article 11a Advisory Group 1. An Advisory Group shall be established, consisting of representatives of interested stakeholders, including, inter alia, forest-based industry representatives, forest owners, the timber trade, non- governmental organisations (NGOs) and consumer groups, and chaired by a representative of the Commission. 2. Representatives of Member States and of the European Parliament may participate in the meetings of the Advisory Group. 3. The Commission shall consult the Advisory Group before taking decisions pursuant to this Regulation.
Amendment 154 #
Council position
Article 17
Article 17
(a) 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. (b) The penalties provided for must be effective, proportionate and dissuasive. and may include, inter alia: (i) fines proportional to the environmental damage, the value of the timber or timber products concerned and the tax losses and economic detriment resulting from the infringement; the level of the penalties shall be calculated in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their serious infringements, without prejudice to the legitimate right to exercise a profession; the fines for repeated serious infringements will be gradually increased; (ii) seizure of the timber and timber products concerned; (iii) immediate suspension of authorisation to trade. (c) The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendments affecting them.
Amendment 159 #
Council position
Annex – indent 2 a (new)
Annex – indent 2 a (new)
Amendment 161 #
Council position
Annex – indent 2 b (new)
Annex – indent 2 b (new)
- 4405 00 00 Wood wool; wood flour;
Amendment 163 #
Council position
Annex – indent 13 a (new)
Annex – indent 13 a (new)
- 4417 00 00 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood;
Amendment 165 #
Council position
Annex – indent 14 a (new)
Annex – indent 14 a (new)
- 4419 00 Tableware and kitchenware, of wood;
Amendment 167 #
Council position
Annex – indent 14 b (new)
Annex – indent 14 b (new)
- 4420 Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within Chapter 94;
Amendment 169 #
Council position
Annex – indent 14 c (new)
Annex – indent 14 c (new)
- 4421 Other articles of wood (clothes hangers etc.);
Amendment 171 #
Council position
Annex – indent 15
Annex – indent 15
- Pulp and paper of Chapters 47, 48 and 489 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products;
Amendment 172 #
Council position
Annex – indent 16
Annex – indent 16
- 9401 61 00, 9401 69 00, 9401 90 30, 9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30 Wooden furniture;