7 Amendments of Judith A. MERKIES related to 2008/0198(COD)
Amendment 86 #
Council position
Recital 8
Recital 8
(8) The efforts made by countries which have concluded FLEGT VPAs with the Union and the principles incorporated in them, in particular with regard to the definition of legally produced timber, should be recognised. It should be also taken into account that under the FLEGT licensing scheme only timber harvested in accordance with the relevant national legislation and timber products derived from such timber are exported into the Union. Therefore, timber embedded in timber products listed in Annexes II and III to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community, originating in partner countries listed in Annex I to Council Regulation (EC) No 2173/2005, should be considered to have been legally harvested provided those timber products comply with that Regulation and any implementing provisions. The principles set out in the VPAs, particularly with regard to the definition of ‘legally produced timber’, must promote the sustainable management of forests, the maintenance of biodiversity, the protection of local forest-dependent communities and of the indigenous peoples, and the safeguarding of the rights of those communities and peoples.
Amendment 127 #
Council position
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Each Member State shall designate one or more competent authorities responsible for the application of this Regulation. Those authorities shall be given sufficient powers to enforce this Regulation by monitoring its application, investigating alleged infringements in cooperation with the customs authorities, and reporting offences to the prosecuting authority in a timely manner.
Amendment 133 #
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The competent authorities shall carry out checks at regular intervals, including field- based audits, in accordance with a yearly plan or on the basis of substantiated concerns from third parties, to verify that the monitoring organisations operating within the competent authorities'’ jurisdiction continue to fulfil the functions laid down in paragraph 1 and comply with the requirements laid down in paragraph 2. Those checks shall be communicated to and reviewed by the Commission on an annual basis. The reports of the checks shall be made available to the public.
Amendment 145 #
Council position
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 146 #
Council position
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. The Commission may adopt rules concerning the frequency and the nature of the controls referred to in paragraph 3a in order to ensure an effective oversight of operators. For the delegated acts referred to in this paragraph the procedures set out in Articles 13, 14 and 15 shall apply.
Amendment 147 #
Council position
Article 9 – paragraph 3 c (new)
Article 9 – paragraph 3 c (new)
3c. As relevant technologies become available inspectors may make use of them.
Amendment 156 #
Council position
Article 18 – paragraph 3
Article 18 – paragraph 3
3. By ...* and every six years thereafter, the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, in particular with respect to administrative consequences for small and medium-sized enterprises and product coveragereventing illegally harvested timber or timber products being placed or made available on the internal market. It shall in particular consider: - the administrative consequences for small and medium-sized enterprises as well as the product coverage; and - its contribution to the objectives of stopping deforestation and forest degradation and related carbon emissions and biodiversity loss globally, promoting sustainable economic growth, sustainable human development and respect for indigenous and local forest communities, fulfilling the EU's international obligations and commitments. The reports may be accompanied, if necessary, by appropriate legislative proposals. _______________ * OJ: please insert date: 36+3012 months after the date of entry into force of this Regulation