Activities of Emma McCLARKIN related to 2014/0059(COD)
Plenary speeches (2)
Self-certification of importers of minerals and metals originating in conflict-affected and high-risk areas (debate)
Self-certification of importers of minerals and metals originating in conflict-affected and high-risk areas (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas PDF (837 KB) DOC (574 KB)
Amendments (25)
Amendment 27 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certificdeclaration of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas
Amendment 33 #
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of minerals is a critical to peaceelement in guaranteeing peace, development and stability.
Amendment 43 #
Proposal for a regulation
Recital 2
Recital 2
(2) The issue concerns resource-rich aregionas where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations.
Amendment 48 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict aregionas, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 50 #
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of responsible sourcing is referred to in the updated OECD Guidelines for Multinational Enterprises6 and is in line with the United Nations (UN) Guiding Principles on Business and Human Rights7 . These documents aim at advancing supply chain due diligence practices when businesses source from aregionas affected by conflict and instability. At the highest international level, UN Security Council Resolution 1952 (2010) specifically targeted the Democratic Republic of Congo (the DRC) and its neighbours in Central Africa calling for supply chain due diligence to be observed; the UN Group of Experts on the DRC, following up Security Council Resolution 1952 (2010), also advocates compliance with the OECD Due Diligence Guidance. __________________ 6 OECD Guidelines for Multinational Enterprises, OECD 2011 edition. 7 Guiding Principles on Business and Human Rights, UN Human Rights Office of the High Commissioner, New York and Geneva 2011.
Amendment 64 #
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union's jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict aregionas. The consequence is that such minerals, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 68 #
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, supply chain due diligence is an on-going, proactive and reactive process through which business operatorsimporters may monitor and administer their purchases and salesupply chains with a view to ensuring that they do not contribute to conflict and adverse impacts thereof.
Amendment 83 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Many existing and possible future supply chain due diligence systems could contribute to achieving the aims of the Regulation. There already exist industry schemes aimed at breaking the link between conflict and the sourcing of tin, tantalum, tungsten and gold. These schemes use independent third-party audits to certify smelters and refiners with systems in place to assure sourcing of only conflict free minerals. There is mutual recognition between these schemes that is taken into account in the Union system. However, the criteria and procedures for the recognition of such schemes need to be clarified to allow for respect for high standards and the avoidance of double auditing.
Amendment 89 #
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently aware or ethically unconcerned. The cost of responsible sourcing and third party auditing and their potential impact on competitiveness notably on SMEs should be monitored and reported by the Commission.
Amendment 94 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission, in collaboration with the EEAS, should produce a publicly available handbook for companies explaining how best to apply the criteria for those areas that may fall within the scope of this Regulation. This is important to create clarity and certainty for, and consistency among, economic operators, in particular SMEs.
Amendment 101 #
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral's origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. AThe same applies to recycled metals, which have undergone even further steps in the transformation process. Publicly available Union lists of responsible smelters, importers and refiners could therefore provide transparency and certainty to downstream companies and consumers as regards supply chain due diligence practices. Such lists should be published in consultation with the OECD, the London Bullion Market Association, the Conflict-Free Smelter Programme, the Responsible Jewellery Programme and other equivalent schemes.
Amendment 109 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance of the self- certificdeclaration of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certifideclared responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligations. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 127 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament and the Council on the effects of the scheme. No later than three years after entering into forceTwo years after the date of entry into application and every sixthree years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including and the latest impact of the scheme on the ground as regards the promotion of responsible sourcing of the minerals within its scope from conflict- affected and high-risk areas and report to the European Parliament and to the Council. In reviewing, the Commission should fully analyse and evaluate all aspects of the Regulation and its effects and its costs, taking into consideration the percentage market share certified conflict free for each mineral in scope, the percentage of smelters, refiners and importers doing due diligence, any possible trade diversion from mining areas and its impacts on livelihoods on people working on the ground, with a particular focus on artisanal miners. Furthermore, the review should include extensive stakeholder outreach with governments, business and local civil society as well as those directly affected on the ground in conflict areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,
Amendment 130 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In their Joint Communication of 5 March 2014, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy committed to the implementation of accompanying measures leading to an integrated EU approach to Responsible Sourcing in parallel with this Regulation, not only with the aim of reaching a high level of participation of companies in the Union system provided for in this Regulation but also ensuring a global, coherent and comprehensive approach is taken to promote responsible sourcing from conflict affected areas.
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self- certificdeclaration in order to curtail and eliminate opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high-risk areas. __________________ 12 'Armed groups and security forces' as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation lays down the supply chain due diligence obligations of Union importers who choose to be self-certifieddeclare themselves as responsible importers of minerals or metals containing or consisting of tin, tantalum, tungsten and gold, as set out in Annex I.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'conflict-affected and high-risk areas' means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak orof non-existent governance and security, such as failed states, andcharacterised by widespread and systematic violations of international law, including human rights abuseshuman rights, as established under international law;
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) 'responsible importer' means any importer who chooses to self-certifydeclare according to the rules set out in this Regulation;
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) 'self-certificdeclaration' means the act of declaring one's adherence to the obligations relating to management systems, risk management, third-party audits and disclosure as set out in this Regulation;
Amendment 261 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Self-certificdeclaration as a responsible importer
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certifydeclare as a responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligations including results of the independent third- party audits carried out.
Amendment 278 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Member State competent authorities shall carry out appropriate ex-post checks in order to ensure that self-certifideclared responsible importers of the minerals or metals within the scope of this Regulation comply with their obligations pursuant to Articles 4, 5, 6, and 7 of this Regulation.
Amendment 299 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) strengthen its engagement with suppliers by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidance on a voluntary basis, where appropriate,
Amendment 457 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refiners that source – at least partially – from conflict- affected and high-risk areas. This list shall be drawn up taking into account existing equivalent industry, governmental or other due diligence schemes covering the minerals and metals within the scope of this Regulation as set out in Annex I.
Amendment 479 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certifideclared responsible importers of minerals and metals within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.