Activities of María Soraya RODRÍGUEZ RAMOS related to 2021/0366(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010
Amendments (65)
Amendment 33 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation and, forest degradation and biodiversity loss, enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015. The European Commission and Member States have also committed to the UN Decade of Action for the SDGs, the UN Decade on Ecosystem Restoration and the UN Decade of Family Farming. The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals.31 _________________ 31 Council conclusions on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests (16 December 2019) 15151/19. Available at https://www.consilium.europa.eu/media/41 860/st15151-en19.pdf.
Amendment 44 #
Proposal for a regulation
Recital 15
Recital 15
(15) Halting deforestation and forest degradation is an essential part of the SDGs and the fulfilment of the 2030 Agenda. . This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action. This Regulation should consider and make a central component of its implementation all three dimensions of sustainability: environmental, social and economic. Leaving none behind should also be a guiding principle in the Regulation.
Amendment 46 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should also respond to the New York Declaration on Forests35 , a non-legally binding political declaration that endorses a global timeline to cut natural forest loss in half by 2020, and strive to end it by 2030. The Declaration was endorsed by dozens of governments, many of the world’s biggest companies, and influential civil society and indigenous organisations. It also called on the private sector to meet the goal of eliminating deforestation from the production of agricultural commodities such as palm oil, soy, paper and beef products by no later than 2020, a goal that was not achieved. The Regulation should in addition contribute to the United Nations Strategic Plan for Forests, 2017-203036 , whose Global Forest Goal 1 is to reverse the loss of forest cover worldwide through sustainable forest management, including protection, restoration, afforestation and reforestation, and increase efforts to prevent forest degradation and enhance the contribution of forests to climate change. In this regard, the Regulation should also consider the work of the Amsterdam Declarations Partnership, building on the New York Declaration on Forests, aims to eliminate deforestation in relation to agricultural commodities by 2025 while also preserving primary forests and high conservation value areas, amongst others through responsible supply chain management. _________________ 35 https://unfccc.int/news/new-york- declaration-on-forests. 36 https://www.un.org/esa/forests/wp- content/uploads/2016/12/UNSPF_AdvUne dited.pdf.
Amendment 47 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use37 that recognises that “to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities”. The signatories also stressed in that Declaration that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit, recognise the rights of indigenous peoples, as well as local communities, in accordance with relevant national legislation and international instruments, and that do not drive deforestation and land degradation. _________________ 37 https://ukcop26.org/glasgow-leaders- declaration-on-forests-and-land-use/.
Amendment 55 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, local communities, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, , local communities and smallholders, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests, as well as ensuring a level playing field to avoid income loss in developing countries and unfair competition.. In doing so it should acknowledge the role of indigenous people in protecting forests and recognise the important role of smallholders in the production of the commodities considered in this Regulation. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 78 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
Amendment 79 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 84 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a threewo-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. The Commission should envisage specific financial and technical support as well as enhance dialogue with partner countries considered part of the high risk category, in order to support them in the transition towards the standard category.
Amendment 91 #
Proposal for a regulation
Recital 57
Recital 57
(57) Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation. The Regulation should also take into account the lessons learned and good practices stemming from the implementation of VPAs.
Amendment 100 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 101 #
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems18. Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to human. Deforestation, forest degradation and the conversion and degradation of other ecosystems also increase contacts between wild animals and farmed animals and humans, thereby increasing the likelihood of new diseases spreading and the risks of new epidemics and pandemics. __________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 116 #
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the sixeight commodities included in the scope (wood, cattle, soy, palm oil, cocoa and, coffee, maize and rubber) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of production and international legal frameworks on tenure rights, including the International Labour Organization Convention 169, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples, as well as considering the provisions of the UN Guiding Principles on Business and Human Rights; and
Amendment 144 #
Proposal for a regulation
Recital 21
Recital 21
(21) TIn coordination with the Member States, the Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and other ecosystems and the transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, ecotourism, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledgThe Commission should cooperate with producer countries so that they can develop national strategies for the sustainability of their relevant sectors and fully recognise the role of indigenous people in protecting forests and other ecosystems. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi- functionalities of forest and other ecosystems, support them in the transition to sustainable forest management of forests and other ecosystems, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forests and other ecosystems, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation. , forest degradation and the conversion and degradation of other ecosystems.
Amendment 148 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The Commission should also propose supporting measures for the development of smallholders’ capacities regarding the geo-localisation requirements foreseen in this Regulation. This can include both technical and financial support for smallholders to be able to collect and manage the required data while also prioritizing technology transfer, among other initiatives.
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. The Commission shall set up, in collaboration with producer countries, a platform using satellite images and positioning stemming from the use of EGNOS/Galileo and Copernicus to support compliance checks and support all parties to move quickly towards deforestation-free supply chains. Such platform shall include information for monitoring periodically forest cover change, thematic mappings, and user- friendly briefings made available to Member State authorities, interested third countries authorities, operators and traders.
Amendment 150 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Smallholders should receive fair remuneration for their production and should not be penalised by this Regulation by having to bear costs relating to the traceability requirement and the transition to sustainable farming practices. These costs should be fairly distributed throughout the value chain. The Commission should therefore carry out an assessment, as soon as possible after the entry into force of this Regulation, of the specific needs in terms of technical and financial assistance and capacity enhancement for smallholders to comply with the new rules.
Amendment 151 #
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory will cooperate closely with relevant international organisations, civil society organisations, research institutes, and third countries. It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. As part of the review of this Regulation, the Commission should examine how the EU Observatory could also be tasked with monitoring changes in other natural carbon-rich and biodiversity-rich ecosystems covered by this Regulation.
Amendment 151 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system and the application of information requirements to smallholders.
Amendment 163 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and forest degradation as well as the conversion and degradation of other ecosystems and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44, for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, sixthe eight commodities analysed represent the largest sharemore than 95% of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 173 #
Proposal for a regulation
Article 12
Article 12
Amendment 175 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems, and to ensure that commodities and products from supply chains related to deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production and with international human rights law, including the right to prior, free and informed consent. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 181 #
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that requirements relating to the absence of deforestation and forest degradation and, forest degradation and conversion and degradation of other ecosystems are fulfilled, and that the country of production has complied with the legality requirements are fulfillednd with international human rights law, including the right to prior, free and informed consent, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 184 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Operators and traders and the competent authorities of the Member States should be able to benefit from the tools made available by the Union when collecting and retranscribing the information required for the due diligence procedure. The agencies in charge of EGNOS/Galileo and Copernicus should strengthen their synergies in order to allow for a holistic approach. Operators and traders, in cooperation with the Commission, should support farmers, particularly smallholders, indigenous peoples and local communities, so that they can procure and make appropriate use of the necessary tools to collect information, including geo-location, and to take ownership of them in a sustainable manner.
Amendment 185 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, Member States may provide technical and other assistance and guidance, as well as commodity-specific guidance to operators, taking into account the situation of SMEs, in order to facilitate compliance with the requirements of this Regulation.
Amendment 201 #
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised data provided in an open and machine-readable format in line with the Union’s Open Data Policy. For transparency purposes, the list of contravening operators shall be made public and not be anonymised.
Amendment 205 #
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 209 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the risk of deforestation and forest degradation risk, forest degradation and conversion and degradation of other ecosystems at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, forest degradation and the conversion and degradation of other ecosystems. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their impact on deforestation impactand the conversion of other ecosystems. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a threewo-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. The Commission should intensify the dialogue and cooperation, in particular with countries or regions identified as high risk, in order to support them in the transition towards sustainable supply chains.
Amendment 210 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence. This process shall be developed in close dialogue with producer countries and with specific indications and timeline of when a review of the country’s high risk category can be envisaged.
Amendment 211 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) The Commission shall publish in the Official Journal of the European Union a list of contravening operators, meant to increase the dissuasive power of the regulation, improve transparency and consumer awareness with no legal consequences. An operator or trader would be placed on the list if a Member State administrative authority or court has imposed final administrative or criminal sanction or penalty for infringing their obligations under this regulation. Member States would inform the Commission without undue delay about any such sanctions or penalties. Upon receipt of such notification the Commission would include the operator or trader concerned on the list without delay and inform him of its inclusion. If, for a certain period after the final administrative or criminal sanction or penalty, no further reports of sanctions or administrative or criminal proceedings concerning alleged contravening activity have been reported by the respective Member State authority, the Commission would remove the operator or trader from the list.
Amendment 214 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned as well as international organizations, civil society, and local and indigenous communities, and be based on the following assessment criteria:
Amendment 222 #
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, , and the United Nations Declaration on the Rights of Indigenous Peoples, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied.
Amendment 224 #
Proposal for a regulation
Recital 54
Recital 54
(54) While tThis Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead towell as the conversion orand degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act. These other ecosystems shall be included in the scope of this Regulation in order not to shift the problem of deforestation and forest degradation to these ecosystems. These ecosystems are highly significant to global efforts to combat climate change, as well as to other sustainable development goals, and their conversion or degradation must be prevented.
Amendment 226 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Two years after the entry into force of this Regulation, the Commission should present an assessment of the need to extend the list of relevant products in Annex I to other relevant commodities or products, as well as to other ecosystems.
Amendment 232 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 233 #
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. The benchmarking system shall be accompanied by strong support and clear information available to countries concerned by this Regulation. The Commission should put in place specific supporting mechanism, and commodity- specific guidance and initiatives with countries identified as high-risk to help improving their risk level towards the standard category. This support should be based on a structured dialogue, mutual cooperation and the enhancement of ongoing and new partnership and cooperation mechanisms, including, but not limited, to the examples laid down in Article 28.
Amendment 235 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage and work in partnership with producer countries concerned by this Regulation, including those that are engaged in VPA FLEGT processes, to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation, stimulate stable and legal business environments, and the transition to sustainable commodity production, consumption processing and trade methods while also contributing to sustainable and inclusive economies and societies, with special attention to smallholders, indigenous people, and local communities. Partnerships and cooperation mechanisms may include structured dialogues, including multi- stakeholder dialogues and collaboration, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. In this regard, the involvement of relevant stakeholders such as smallholders, indigenous people and local communities will be particularly relevant. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 239 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and wood, wood, maize and rubber (“relevant commodities”) and products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to
Amendment 239 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The Commission must ensure sufficient financial support, continuous dialogue, specific technical and capacity building support for partner countries concerned by this Regulation, with a specific focus on smallholders, indigenous peoples and local communities to leave none behind due to its requirements, and continue facilitating their access to the European Union market. This is especially relevant for countries listed in the high risk category.
Amendment 241 #
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. The Commission should take advantage of the extensive experience and expertise of international organizations, such as the Food and Agriculture Organization (FAO) and the United Nations Environment Programme (UNEP),regarding the specific technical support needed by partner countries concerned by this Regulation;
Amendment 242 #
Proposal for a regulation
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. The Commission shall facilitate a process, in partnership with producer countries, between stakeholders, smallholders and local communities to develop pricing models that enable farmers to earn a decent living income and produce sustainable deforestation- free goods and explore positive incentives for smallholders to move towards sustainable practices.
Amendment 243 #
Proposal for a regulation
Article 28 – paragraph 1 d (new)
Article 28 – paragraph 1 d (new)
1d. The Commission shall engage with producer countries to jointly develop and implement national roadmaps to help smallholders to comply with EU requirements. These should be developed and implemented with inclusive participation of smallholders, indigenous people and local communities. .
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest degradation and to the conversion and degradation of other ecosystems worldwide
Amendment 246 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation shoulall be provided with adequate financial resources and allow the full participation of all stakeholders, including civil society, indigenous people, local communities, with special attention to women and the most vulnerable groups, and the private sector including, SMEs and smallholders.
Amendment 250 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Partnerships and cooperation should aim to tackle the root cause of deforestation, including structural poverty and address the need for a living income for forests and ecosystems dependent societies in partner countries concerned by this Regulation.
Amendment 254 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscal incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, greater food security, transparent supply chains, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, and ensure public access to forest management documents and other relevant information. Such partnerships may also include mechanisms to exchange with the demand-side all the necessary information that guarantees compliance with this Regulation.
Amendment 257 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission should also continue supporting key ongoing programmes, projects and initiatives to halt deforestation and forest degradation, such as Forest Law Enforcement, Governance and Trade(FLEGT) Voluntary Partnership Agreements (VPAs), or the United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (UN-REDD), as well as specific country and regional initiatives foreseen within its development policy.
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'deforestation’' means the conversion of forest to agricultural u, whether human-induced or not, of forest, in particular for agricultural or mining purposes, whether human-induced or noand including conversion of primary or old-growth forest to planted forest or plantation forest;
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and causeand other ecosystem degradation’ means a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resul affecting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other procomposition of species and the structure and/or function of those forest ecosystems, whether or not the reductsion or servicdisappearances has direct human causes;
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 401 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, or information provided via the rapid alert mechanism, that the relevant commodity or product that they have already placed on the market is notat risk of not being in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 405 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators shall take the necessary measures: (a) to consult broadly and without delay with the stakeholders potentially impacted by this Regulation, in particular those that are most vulnerable; and (b) to provide adequate assistance and fair remuneration to their suppliers, in particular small operators, so that they can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain.
Amendment 495 #
Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) information provided via the rapid alert mechanism;
Amendment 501 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, strengthening the capacities of and providing adequate support to suppliers to modify their practices or other measures pertaining to information requirements set out in Article 9.
Amendment 532 #
Proposal for a regulation
Article 12
Article 12
Amendment 585 #
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on the rapid alert mechanism or on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 623 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Satellite imagery and access to forest data The Commission shall establish a Platform using satellite imagery, including Copernicus Sentinel, covering the forest areas worldwide, and featuring tools to enable all parties to quickly move towards no-deforestation across supply chains. The platform shall provide: (a) thematic maps, including a land cover map with time series since the cut- off date defined in Article 2 (8) and a range of classes allowing to appreciate landscape composition, (b) an alert system, relying upon a monthly monitoring of forest cover change, (c) a range of analyses and user- friendly and secured outputs, depicting how supply chains are linked to deforestation. The Platform shall be made available to Member State authorities, interested third countries’ authorities, operators and traders.
Amendment 649 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end as soon as possible.
Amendment 720 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 724 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and by other stakeholders, such as civil society, including indigenous peoples and local communities, and be based on the following assessment criteria:
Amendment 759 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2 – point c
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 762 #
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Where a country is placed in the higher risk category, the Commission shall propose that the country engage in sustained dialogue and cooperation, in accordance with Article 28, in order to develop an ongoing partnership aimed at creating the necessary conditions for that country to be able to return to the standard risk category.
Amendment 765 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The CommissionIn a coordinated approach, the Commission and the Member States shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms, forest degradation and the conversion and degradation of other ecosystems, as well as the human rights violations linked to these phenomena. Such partnerships and cooperation mechanisms shall prioritise countries in the higher risk category pursuant to Article 27 and will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the conversion and degradation of other ecosystems, and the transition to sustainable commodity production, consumption, processing and trade methods and, where appropriate, the development of ecotourism based on sustainable management of forests and other biodiversity-rich ecosystems. Partnerships and cooperation mechanisms may include structured dialogues, adequate support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable them to transition to sustainable farming practices and to comply with the requirements of this Regulation. In the context of programming under the Global Europe instrument, adequate financial resources must be available to help meet the support needs of smallholders. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 767 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation as well as with those who are engaged with VPA FLEGT processes to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such partnerships may also include mechanisms to exchange with the demand-side all the necessary information that guarantees compliance with this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 827 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)