Activities of Michèle RIVASI 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 (52)
Amendment 1 #
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 ecosystems. 18Indigenous peoples inhabit and manage many forested territories globally, and 80% of the Earth’s biodiversity is located on indigenous peoples’ territories. Deforestation is significantly lower in territories where indigenous peoples are in control of their own lands, as compared to territories managed by governments or other entities. The recognition and respect of indigenous peoples’ land rights should be the primary tool to prevent deforestation. Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans. _________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 7 #
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation, natural ecosystem conversion, ecosystem and forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions 20 . _________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 10 #
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation natural ecosystem conversion, ecosystem and forest degradation and systemically restoring forests and other ecosystems is the single largest nature-basedan opportunity for climate mitigation.
Amendment 14 #
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 ecosystems. 18Indigenous peoples inhabit and manage many forested territories globally, and 80% of the Earth’s biodiversity is located on indigenous peoples’ territories. Deforestation is significantly lower in territories where indigenous peoples are in control of their own lands, as compared to territories managed by governments or other entities. The recognition and respect of indigenous peoples’ land rights should be the primary tool to prevent deforestation. Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans. _________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 20 #
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation, natural ecosystem conversion, ecosystem and forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions 20 . _________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 23 #
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation natural ecosystem conversion, ecosystem and forest degradation and systemically restoring forests and other ecosystems is the single largest nature-basedan opportunity for climate mitigation.
Amendment 35 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament highlighted that ongoing destruction and degradation of the world’s forests isand natural ecosystems, as well as human rights violations, are linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution32 in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an “EU legal framework to halt and reverse EU-driven global deforestation”. _________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission based on man EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0285_EN.htmldatory due diligence.
Amendment 56 #
Proposal for a regulation
Recital 21
Recital 21
(21) 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 transition to deforestation-free production, acknowledging the role of indigenous people, 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. 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 contribu by pushing for and supporting the recognition of their collective land ownership rights as enshrined in ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ensuring that their free, prior and informed consent (FPIC) is obtained prior to any project in their territories, 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, ensure that any such project does not encroach on or lead to the land grab of indigenous peoples’ territories, and take active steps to support their work in protecting to the objective of this Regulation to reduce deforestation and forest degradationir forests against illegal logging.
Amendment 62 #
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 shall also examine how to integrate the monitoring of Indigenous land rights recognition into the EU observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organizations and third countries.
Amendment 64 #
Proposal for a regulation
Recital 23
Recital 23
(23) The existing EU legislative frameworkforest framework is the EU Action Plan on forest law enforcement governance and trade that focuses on tackling illegal logging and associated trade and does not address deforestation directly. It consists of Regulation (EU) No 995/2010 of the European Parliament and of the Council, laying down the obligations of operators who place timber and timber products on the market40 , and Council Regulation (EC) No 2173/2005, on the establishment of a Forest Law Enforcement, Governance and Trade licensing scheme for imports of timber into the European Community41 . Both Regulations were evaluated in which operationalises the Voluntary Partnership Agreements (VPAs). The performance and implementation of the two Regulations underwent a Fitness Check which determinefound that, while the legislboth achieved some success, a number of implementation chas had a positive impact on forest governance,llenges have held back progress towards achieving fully their objectives of the two Regulations – namely to curb illegal logging and related trade, and to reduce the consumption of illegally harvested timber in the EU – have not been met42 and it was concluded that focusing solely on legality. The EUTR application and functioning of the due diligence scheme on the one hand, and the limited number of countries involved in the VPA process with only one having thus far an operating licensing system in place (Indonesia) ofn timber was not sufficient tohe other, curtailed effectiveness in meeting the set objectives. _________________ 40 OJ L 295, 12.11.2010, p. 23. 41 OJ L 347, 30.12.2005, p. 1. 42 https://ec.europa.eu/info/law/better- regulation/have-your-say/initiatives/11630- Illegal-logging-evaluation-of-EU-rules- fitness-check-_en of consumption of illegally harvested timber in the EU.
Amendment 90 #
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 Commission will engage with VPA partner countries on ways to address the deforestation and forest degradation requirements under this Regulation in the context of the VPAs and/or other partnership and cooperation mechanisms.
Amendment 94 #
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 woo, wood, rubber, oil, bauxite, nickel, copper, iron, and gold (“relevant commodities”) and all products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”), with a view to
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimisingHalt the Union’s contribution to deforestation and forest, forest degradation, ecosystem conversion and ecosystem degradation worldwide
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) preventing the violation of human rights linked to the production of relevant commodities and products.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘Meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders, indigenous peoples and local communities as well as women, by consulting them directly in a manner that takes into account potential barriers to effective engagement. On indigenous peoples’ land, meaningful engagement includes their right to withhold consent, as enshrined in ILO Convention 169 and UNDRIP. Operators should engage with stakeholders prior to taking any decisions that may impact them. This involves the timely provision of all information needed by the potentially impacted stakeholders to be able to make an informed decision as to how the decision could affect their interests. It also means there is follow- through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of producaw means : a) the rules applicable in the country of production concerning the legal status of the area of production, land use rights, environmental protection, third parties’ rights, labour rights, and as well as relevant, tax, anti- corruption, trade, customs, payment and contract regulations under the legal framework applicable in the country of production (b) human rights protected under international law, in particular under any treaties and other instruments ratified or endorsed by the country of production. These include instruments protecting: customary tenure rights and the right to free, prior and informed consent (FPIC), as set out among others by the UN Declaration ion terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulahe Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, labour rights as enshrined in ILO fundamental conventions uander legislation framework applicable in the country of production; other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment 1a, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment. Where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security. It is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28c) ‘Environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna.
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 d (new)
Article 2 – paragraph 1 – point 28 d (new)
(28d) remedial measures’ means any action, or combination of actions, to restore, rehabilitate or replace land that has been subject to deforestation, ecosystem conversion, or forest or ecosystem degradation;
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 e (new)
Article 2 – paragraph 1 – point 28 e (new)
(28e) ‘affected peoples’ means indigenous peoples and local communities who own, inhabit, depend on, or have a special attachment to land that has been subject to deforestation, ecosystem conversion, or forest or ecosystem degradation, or whose rights have been impacted by the production of relevant commodities or products.
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That electronically available and transmittable and certified statement shall confirm that due diligence was carried out and disclose the steps that were taken in this regard to verify the compliance of the relevant commodities and products with this Regulation, and explain the assessment why no or only negligible risk was found and. It shall also contain the information set out in Annex II for the relevant commodities and products. Statements and certification shall be published and made publicly available.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators should by all means support the compliance of their suppliers, including smallholders, with the regulation, including through investments and capacity building as well as pricing mechanisms that would enable a living income for the producers they source from.
Amendment 138 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Operators shall ensure meaningful engagement and participation of all relevant stakeholder groups, in particular with potentially impacted stakeholders and rights holders such as indigenous peoples and local communities, women and smallholders, at all stages of the due diligence process. They shall engage with stakeholders and ensure that FPIC has been obtained, prior to taking any decisions that may impact them.
Amendment 144 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) where any arrangement concerns indigenous peoples, local communities or other groups with customary tenure rights, the arrangement was made with their free, prior and informed consent (FPIC);
Amendment 145 #
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(hb) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation;
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 1 – point h c (new)
Article 9 – paragraph 1 – point h c (new)
(hc) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products;
Amendment 154 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not;
Amendment 155 #
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(bb) the presence of vulnerable peoples, indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products;
Amendment 159 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin or part thereof, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violation of rights of, or violence against, Indigenous Peoples, local communities or other customary tenure rights holders, as well as human rights and environmental human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;.
Amendment 167 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted ensuring the participation and consultation and the free, prior and informed of Indigenous Peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 169 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwoperators shall, on an annual basise, provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEs shall, on an annual basis, publicly report as widely as possible, includingublicly report as widely as possible, including on the internet, on the following elements: a) their due diligence system and the steps taken by them to implement their obligations as set out in Article 8, including the meaningful engagement and participation of stakeholders and disclosure on disengagement, as referred to in Article 10; b) Evidences of consent of Indigenous Peoples, local communities, and other customary tenure rights holders that are present in the area of production onf the internet, on their due diligence system including on the steps taken by them to implement their obligations as serelevant commodities and products; c) the measures they have implemented to ensure that the costs of compliance with this Regulation are shared among all actors in the supply chains proportionally, and; d) the measures they have implemented to support the compliance of their suppliers, in particular smallholders, including investments and capacity building, as well as pricing mechanisms that wout in Article 8ld enable a living income for the producers they source from. Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 180 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Obligations of financial institutions 1. Financial institutions shall provide financial services to customers only when they conclude that there is no more than a negligible risk that the services in question may provide support, directly or indirectly, to activities leading to, or linked with, deforestation, ecosystems conversion, forests and ecosystems degradation or that are taking place in violation of relevant legislation/law 2. In view of complying with paragraph 1, financial institutions, shall exercise due diligence, as described in paragraph 3, as soon as they establish a business relationship with, and prior to providing financial services to customers; 3. The due diligence shall include: (a) the collection of information and documents, as referred to in Article 12b needed to fulfil the requirement set out in paragraph 1; (b) Risk assessment and mitigation measures as described in Article 12c; 4. For customers with whom they have established an ongoing business relationship before the date of entry into force of this regulation, financial institutions shall complete the relevant due diligence within one year from the date in question.
Amendment 205 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) criminal sanctions, in accordance with the "Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC".
Amendment 207 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Without prejudice to Article 17, 85% of each amount obtained as a result of penalties imposed in line with paragraphs 2(a) and (c) of this Article shall be used for remedial measures or to benefit affected peoples.
Amendment 217 #
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments, including partnership and cooperation mechanisms referred to in Article 28(1) concluded between the country concerned and the Union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;
Amendment 219 #
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 forestrelated to the production of relevant commodities for export leading to deforestation forest conversion and forest and ecosystem degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradationforest conversion or forest and ecosystem degradation or non-compliance with the rules applicable in the country of production described in Article 2(28) are applied.
Amendment 224 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) whether the sub-national jurisdiction has developed jurisdictional approaches with the full participation of all stakeholders, including civil society, indigenous peoples and local communities, women, and the private sector including SMEs and smallholders, to tackle deforestation, forest degradation, land rights violations and illegal production;
Amendment 225 #
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(fb) whether the country concerned makes relevant data available transparently.
Amendment 228 #
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. It shall also carry out a public consultation to gather information and views from all interested parties, including in particular vulnerable peoples, Indigenous Peoples, local communities small holders, women and civil society organisations. The Commission shall allow the countries and other interested parties adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.
Amendment 236 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address the local causes of 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, cooperation with producer country customs authorities and other relevant law enforcement agencies, and securing the rights and livelihoods of forest-dependent communities including indigenous peoples, local communities and smallholders in ways that respect their culture, customs and ways of life. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements as well as trade incentives 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. They should be based on time bound milestones agreed with local stakeholders. Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 244 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow and monitor the full participation of all stakeholders, including civil society, indigenous peoples, local communities, women and the private sector including, SMEs and smallholders. Partnerships and cooperation should support – and, where not already present through existing agreements and dialogues such as FLEGT VPAs, initiate – inclusive and participatory dialogue toward national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation, natural ecosystem conversion and forest and ecosystem degradation.
Amendment 251 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall in consultation with Indigenous Peoples, Local Communities, civil society organisations and smallholders and through participatory multi-stakeholder processes promote the development of integrated land use planning processes, relevant legislations and legal reforms, fiscal incentives and other pertinent tools to improve governance, 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 including agroecology and competitiveness, 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. seek the recognition and respect of their land rights and right to free, prior and informed consent, in accordance with international standards and ensure public access to forest management documents and other relevant information. Any project developed under these partnerships, including those focusing on conservation and restoration, must respect the rights of indigenous peoples, obtain their free, prior and informed consent regarding any project and/or development in their territories, and respect their land rights, as defined by international standards.
Amendment 259 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission shall secure sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market;
Amendment 260 #
Proposal for a regulation
Article 28 – paragraph 4 b (new)
Article 28 – paragraph 4 b (new)
4b. The Commission support countries to ensure that their FLEGT licensing systems fully conform to the deforestation-free requirements of this Regulation.
Amendment 262 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. (1) for the purposes of paragraph 6, projects must include a mechanism to monitor and avoid negative impacts on human rights and a locally accessible and transparent grievance mechanism. Special attention is to be given to projects in areas with specific needs or vulnerabilities, such as areas with specific environmental challenges or natural constraints and areas of high natural value; (2) projects must respect and promote the inherent rights of indigenous peoples, especially their rights to their lands, territories, resources and self- determination and their right to free, prior and informed consent (FPIC); (3) projects are to be technically and financially coherent. 10. In addition to the criteria set out in Article 186 of the Financial Regulation, costs relating to the purchase of land and other property shall be considered eligible for financing under paragraphs 6 and 7 if the following conditions are fulfilled: (a) the purchase serves to implement remedial measures or directly benefit affected peoples; and (b) the land or property purchased is reserved on a long-term basis for either the implementation of remedial measures or for the direct benefit of affected peoples. This article shall be applied without prejudice to any rights to compensation or other remedies any party may be entitled to independently of this Regulation.
Amendment 264 #
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Operators failing to comply with the duties of this Regulation shall also be liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. The action to establish liability shall be filed before the relevant jurisdiction by any natural or legal person with a legitimate interest to do so.
Amendment 265 #
Proposal for a regulation
Chapter 6 a (new)
Chapter 6 a (new)
Amendment 267 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. In line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. _________________ 51 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56–83).
Amendment 271 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than fivetwo years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:
Amendment 273 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)