80 Amendments of Martin HÄUSLING related to 2021/0366(COD)
Amendment 26 #
Proposal for a regulation
Recital 1
Recital 1
(1) ForestsNatural forests in particular provide a broad variety of environmental, benefit. Furthermore, forests provide 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 well-preserved and well-functioning forest ecosystems.18 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 31 #
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) willare predicted based on current trends, Earth observation, modelling and peer-reviewed scientific consensus to rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 41 #
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 should also examine how to integrate land rights monitoring into the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations and third countries.
Amendment 43 #
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest and conversion of natural ecosystems, forest and ecosystems degradation, and to promote deforestation- free supply chains. as well as ensure the protection of human rights recognised under international law, in particular under treaties and other instruments ratified or endorsed by the country of production
Amendment 45 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation, and to ensure that commodities and products from supply chains related to deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation 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. To confirm that this is the case, they should always be accompanied by a due diligence statement and comply with international standards in the field of human rights to prevent any violation of those. To confirm that this is the case, they should always be accompanied by a due diligence statement, in order to prevent access to the EU market for products with a high risk of deforestation, conversion or ecosystem degradation.
Amendment 47 #
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 the absence of deforestation and forest, conversion of natural ecosystems and forest and ecosystems degradation and legality requirements are fulfilled, 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) at regular intervals (data possible every 5 hours) and at very low cost compared to previous systems based on US satellites. 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 52 #
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. This Regulation should lay down the steps required for wood and wood-based products covered by a valid FLEGT licenses to fulfil the deforestation-free requirement. The Regulation should foresee specific technical and financial support to VPA partner countries that are willing to revise their Timber Legality Assurance Systems which verify that wood and wood-based products conform to national laws and provide the basis for FLEGT licensing to ensure the required sustainability criteria are met.
Amendment 53 #
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forests well as forest and ecosystem degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or 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. An evaluation of the need and the feasibility of extending the scope of this Regulation to ofurther ecosystems than forestswhich are not yet covered under this regulation and should therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 54 #
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, caoutchouc, cocoa, coffee, maize, oil palm, soya andrubber, soya, poultry, sugar cane, wood and products made of wood (“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 57 #
(a) minimisingto halt the Union’s contribution to deforestation, and forest degradation ecosystem conversion and ecosystem degradation worldwide.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) (c) preventing the violation of human rights linked to the production of relevant commodities and products.
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) This Regulation also lays out obligations for financial institutions operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the EU market of relevant commodities and products.
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to another land use, including agricultural use, whether human- induced or not; and should also include the conversion of forests that are not plantation forests into plantation forests.
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) “natural ecosystem” means an ecosystem that substantially resembles — in terms of species composition, structure, and ecological function— one that is or would be found in a given area in the absence of major human impacts. These include, in particular, land with high carbon stocks and land with a high biodiversity value such as savannahs, grasslands, peatlands and wetlands, such as mangroves. This definition applies to human-managed ecosystems where much of the natural species composition, structure, and ecological function are present.
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) "ecosystem conversion” means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function. This includes severe degradation or the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function.
Amendment 72 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means changes within a forest that negatively affect its species composition, structure, and/or function and reduce the forest’s capacity to support biodiversity and/or deliver ecosystem services, whether human induced or not; harvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services;
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) "ecosystem degradation": changes within an ecosystem that negatively affect its species composition, structure, and/or function and reduce the ecosystem's capacity to support biodiversity and/or deliver ecosystem services, whether human induced or not
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim of minimisavoiding negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimiseavoids large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimisavoid negative impacts on soil quality, including soil compaction, and on biodiversity features and habitats;
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation-, conversion- and degradation-free’ means
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation, conversion or ecosystem degradation after December 31, 20208, and
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the wood has been harvested from the forest without inducing forest degradation after December 31, 20208;
Amendment 98 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation, conversion and degradation-free’ manner, or were not produced in accordance with the relevant legislation of the country of production, or both;
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
(27 a) ‘relevant commodities and products produced in the EU and placed on the single European Union market’
Amendment 101 #
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 production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulaaw 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 relevant tax, anti-corruption, trade and customs 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 on the 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, 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, 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 102 #
(28 a) 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 on the 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 and other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, 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 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28 b) 'free, prior and informed consent (FPIC)’ means a collective human right of indigenous people 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 104 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28 c) ‘Human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms. Human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights. Human rights defenders also promote and protect the rights of members of groups such as indigenous communities.
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 d (new)
Article 2 – paragraph 1 – point 28 d (new)
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 e (new)
Article 2 – paragraph 1 – point 28 e (new)
(28 e) 'financial service’ means: (a) lending including, inter alia:credit agreements relating to immovable property, factoring, with or without recourse, financing of commercial transactions (including forfeiting), export credit; (b) financial leasing; (c) payment services as defined in Article 4(3) of Directive 2007/64/EC; (d) guarantees and commitments; (e) participation in securities issues and the provision of services relating to such issues; (f) money brokering; (g) non-life insurance services as set out in Annex I of Directive 2009/138/EC;or (h) portfolio management and advice;
Amendment 107 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are deforestation-, conversion- and degradation-free;
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) they are not produced by violating of human rights linked to the production of relevant commodities and products.
Amendment 110 #
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 productions, as defined in Article 2 (28); and
Amendment 111 #
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 no or only negligible risk was found and shall contain the information set out in Annex II for the relevant commodities and products; statements and certification shall be published and made available for administrative, civic and scientific scrutiny.
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already placed on the market ismay not be 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, as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on, or export from, the internal 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 116 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. (1) Operators and traders should install an open-access system to allow third parties to submit substantiated concerns about non-negligible risk of non-conformity of the relevant commodity or product placed on the market with the requirements of this regulation.Operators shall assess the substantiated concerns received and follow-up on them pursuant to paragraph 6 of this Article. (2) The Commission may adopt implementing acts concerning: (a) technical details for the establishing and maintaining of the access system referred to in paragraph 1
Amendment 118 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.
Amendment 126 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3 to ensure transparency and traceability along the whole supply chain; certification and documentation approaches shall strive for compatibility with third country legal systems. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to the relevant commodities or products, supported by evidence:
Amendment 133 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products were produced, as well as date or time range of production; to enable the area or region of origin to be precisely and fairly determined; these may be available as attribute data;
Amendment 138 #
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant international law and relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;
Amendment 144 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests or of other natural ecosystems in the country and area of production of the relevant commodity or product;
Amendment 145 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(b a) 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 146 #
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(b b) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products
Amendment 149 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystem conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 150 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) the source, reliability, validity and links to other available documentation of the information referred to in Article 9(1) needed to ensure a transparent, trustworthy and verifiable certification system and to avoid fraud;
Amendment 151 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country or part thereof of production and origin, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violation of rights of or violence against Indigenous People, local communities or other customary tenure rights holders, as well as human rights defenders, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 155 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest, conversion of natural ecosystems or forest and ecosystem degradation, has well as violations of the relevant law have occurred or isare occurring;;
Amendment 157 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with Article 3(bthe rules applicable in the country of production, as defined Article 2(28) (a) of this Regulation.
Amendment 158 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. Undertakings shall ensure that their purchase policies do not cause or contribute to deforestation, forest or ecosystem conversion or degradation
Amendment 168 #
Proposal for a regulation
Article 12
Article 12
Amendment 173 #
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 174 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Amendment 175 #
Amendment 176 #
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Amendment 177 #
Proposal for a regulation
Article 12 e (new)
Article 12 e (new)
Article 12 e Relation with other Due diligence requirements Due diligence obligations under this Regulation shall apply independently and without prejudice to any other Union due diligence or sustainability obligations. This regulation shall not modify requirements stemming from other Union sustainability or due diligence legislation.
Amendment 186 #
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks and to avoid falsification or fraud.
Amendment 187 #
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) spot checks, including field audits, including where appropriate in third countries through cooperation with the administrative authorities of third countries; the procedures facilitating the checks should be optimised with the intention of maximising efficacy and minimising administrative burden, particularly through use of satellite or orthophotograph images, digitisation and interoperability between databases. The checks should be risk based i.e. based on risk of deforestation within a sub-region, but also including a random element within the region, in order to ensure efficacy of the control approach, and bearing in mind that the situation on the ground is not static and deforestation can be relatively rapid. Follow up checks may also be needed to ensure the aims of this regulation are met.
Amendment 194 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks and the risk criteria on which they are based, the number and the results of the controlhecks carried out on operators and traders, including the contents of these checkresults of these checks, the number and the results of the controls carried out on relevant commodities and products including the results of these controls, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recoveredoperators and traders against whom such measures were taken as well as the trading name of the non-compliant products, the costs of enforcement activities recovered in each instance, and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in line with Article 23 which are final within the preceding four years, including the trading name of the relevant non-compliance -product.
Amendment 195 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. In addition to the reporting requirement under paragraph 2, the Commission shall publish in the Official Journal of the European Union a list of operators and traders having failed to fulfil their obligations under this Regulation and the trading name of the relevant non-compliant products, comprised of the operators, traders and non-compliant products included in the lists published by Member States under paragraph 1, regularly updated. For that purpose, Member States shall notify the Commission without undue delay about any final administrative or criminal sanction or penalty imposed on operators or traders for infringing their obligations under this regulation.
Amendment 197 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2 b. Without prejudice to paragraphs 1 to 2a, Member States and the Commission shall ensure that the public can enjoy unrestricted access to information relating to the application of this regulation on the basis of Directive 2003/4/EC and Regulation (EC) 1367/2006.
Amendment 201 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in line with 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 without delay.
Amendment 202 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. For cases where the relevant commodity or product comes from a sub- region identified as high risk pursuant to Article 27 of this Regulation, the competent authority shall suspend placing on the market and proceed to further checks in order to demonstrate that the relevant commodity or product complies with the requirements set under this Regulation.
Amendment 203 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall be determined by the competent authority and include at least one or more of the following:
Amendment 205 #
Proposal for a regulation
Article 22 – paragraph 2 – point b a (new)
Article 22 – paragraph 2 – point b a (new)
Amendment 207 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcomings in the due diligence system which may have led to the non-compliance, in order to prevent the non-compliance from reocurring.
Amendment 208 #
3. If the operator or trader fails to take satisfactory corrective action referred to in paragraph 2 or where to remedy the non- compliance referred to in paragraph 1 persists, competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled , or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 209 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay downFor having equal standards in the European Union, the Commission shall provide by implementing rules on penalties applicable to infringements of the provisions of this Regulation by operators and traders and. Member States shall take all measures necessary to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.
Amendment 213 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- 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 usual or 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 217 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest, ecosystem conversion and forest and ecosystem degradation,
Amendment 218 #
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
(b) rate of expansion of agriculture land driving ecosystem conversion for relevant commodities,
Amendment 220 #
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 deforestation and forest, ecosystems conversion and forest and ecosystems degradation. Such partnerships and cooperation mechanisms wishall be supported by adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradaecosystems conversion, forest degradation, human rights protection and the transition to sustainable commodity production, consumption processing and trade methods, good governance as well as protecting the lives and livelihoods of forest dependent communities including indigenous peoples, local communities, other customary tenure right holders and smallholders. 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 agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 223 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystemand other natural ecosystems and related human rights.
Amendment 225 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit substantiated concerns to competent authorities when they deem, based on objective circumstances, that one or more operators or traders are failing to comply with the provisions of this Regulation. The notification shall be treated as confidential if demanded by the natural or legal persons.
Amendment 229 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation and inform the European Commission in due time about the measures put in place.
Amendment 236 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this Regulation to ofurther ecosystems, including land which is not yet covered by the regulation with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities, as well as coherence and synergies with EU climate legislation such as the LULUCF regulation.
Amendment 240 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extendsupplement the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 241 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following a review as set out in paragraph 3, the Commission may adopt delegated acts in accordance with Article 33 to asupplemendt Annex I to include relevant products that contain or have been made using relevant commodities.
Amendment 242 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9(3), 10(8), 31 (3a new) and 32(4) shall be conferred on the Commission for a period of 5 years from DD/MM/YY. The Commission shall draw up a report in respect of the delegation of power at the latest 6 months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 243 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Articles 3 to 12, 14 to 22, 24, 29 and 30 shall apply 126 months from the entry into force of this Regulation.
Amendment 244 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles referred to paragraph 2 shall apply 2418 months from the entry into force of this Regulation for operators that are microenterprises53 established by December 31, 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. _________________ 53 As defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC.
Amendment 245 #
Proposal for a regulation
Annex II – paragraph 1 – point 1
Annex II – paragraph 1 – point 1
1. Operator’s name, address and, in the case of wood or wood products the scientific name of the tree species; in case of relevant commodities and products entering or leaving the Union market, the Economic Operators Registration and Identification (EORI) number in accordance with Article 9 of Regulation (EU) No 952/2013;