Activities of Marie TOUSSAINT related to 2021/0366(COD)
Plenary speeches (3)
Deforestation Regulation (debate)
Deforestation Regulation (debate)
Deforestation Regulation (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on 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 (162)
Amendment 99 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation, ecosystem conversion, ecosystem and forest degradation and human rights violations and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 106 #
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 emissions20 . __________________ 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 109 #
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, natural ecosystem and forest degradation and systemically restoring forests and other ecosystems is the single largest nature- based opportunity for climate mitigation.
Amendment 112 #
Proposal for a regulation
Recital 5
Recital 5
(5) Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors – construction, agriculture, food and drink – all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75% of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity and ecosystem services as critical inputs for production, notably for medicines. Deforestation influences the rainfall regime and the natural regulation of water flows in forests has been evaluated to be between 1360 and 5235 USD per ha per year and this "natural service' is heavily impacted by deforestation and will lead to an increase of costs (value of 2007)
Amendment 117 #
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation, natural ecosystem conversion and natural ecosystem 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) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 121 #
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” based on mandatory due diligence. __________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission on an 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.html.
Amendment 123 #
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33 , and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 141 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commise Trade and Sustainable Development chapters with provision’s Communication on “An Open, Sustainable and Assertivon environmental protection, climate change, biodiversity and forests in the existing free trade agreements do not provide for sufficiently implementable obligations and are not enforceable. Regional free Ttrade Policy”38 which stated that wagreements contribute to net deforestation and agricultural land expansion. With new internal and external challenges and more particularly a new,the need to morve sustainable growth model as defined by the European Green Deal and the European Digital Strategytowards a well-being economy, as laid down in the 8th environment action programme, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 145 #
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 roleand strengthening the role and rights of indigenous people, improving governance and land tenure, the right to free, prior and informed consent, 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 contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 160 #
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation, conversion and degradation- free” should be sufficiently broad to cover both deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 166 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 169 #
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, natural ecosystem conversion, as well as natural ecosystem and forest degradation, and to promote deforestation, conversion and degradation- free supply chains.
Amendment 173 #
Proposal for a regulation
Recital 31
Recital 31
(31) A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation, natural ecosystem conversion, or natural ecosystem or forest degradation, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation after that date. It should allow for the appropriate verification and monitoring, correspond to existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation and forest degradation in view of the entry into force of this Regulation.
Amendment 178 #
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation, natural ecosystem conversion and natural ecosystem and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest 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, conversion and degradation-free and have been produced in accordance with the relevant legislation of the country of productionaw. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 182 #
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, conversion and degradation-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 threefour elements: information requirements, risk assessment and, risk mitigation measures and reporting obligations. 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, natural ecosystem conversion and natural ecosystem forest 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). 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 193 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to foster transparency and facilitate enforcement, operators which are not SMEs should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.
Amendment 197 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) For the purposes of effective enforcement of this Regulation and compliance with it by competent authorities, operators and traders, members of the public concerned, as defined in this Regulation, taking into account Article 2 and Article 9(3) of the Aarhus Convention, should be able to take action to ensure compliance with environmental legislation and thus protect the environment. In the event of insufficient or deficient control by the competent authority, members of the public concerned should be able to take legal action either to request a review of the legality of the act or omission of the competent authority or to verify directly compliance with the obligations of this Regulation by the operators and traders concerned.
Amendment 199 #
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40b) The right to an effective remedy is an internationally recognized human right, enshrined in Article 8 of the Universal Declaration of Human Rights, Article 9(3) of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and Article 2(3) of the International Covenant on Civil and Political Rights, and is also a fundamental right of the Union within the meaning of Article 47 of the Charter. However, delays and difficulties in accessing evidence, as well as gender disparity, vulnerabilities and marginalization can constitute major practical and procedural obstacles for the persons concerned, hindering their access to an effective remedy without fear of reprisals. Therefore, Member States must ensure, through judicial, administrative, legislative or other means, that members of the public concerned or affected by the violation of this Regulation have access to an effective remedy. Measures must therefore be put in place to ensure reasonable and appropriate limitation periods and legal aid insofar as this is necessary to ensure effective access to justice, taking into account the geographical location, means and general difficulty of obtaining legal redress for the persons concerned. Member States should also provide for a shift in the burden of proof from the victim to the company, which would then have to prove that it has taken all necessary measures to comply with this Regulation.
Amendment 210 #
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation, natural ecosystem conversion, and natural ecosystem and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, natural ecosystem conversion, forest and natural ecosystem degradation and the rights of indigenous peoples and local communities. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 215 #
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation, natural ecosystem conversion, natural ecosystem and forest degradation and human rights violations associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements.
Amendment 222 #
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.
Amendment 231 #
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation, natural ecosystem conversion and natural ecosystem and forest degradation by reducing the contribution of consumption in the Union, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 244 #
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 woodommodities listed in Annex I (“relevant commodities”) and 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 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimisingto halt the Union’s contribution to deforestation and forest, forest degradation ecosystem conversion and ecosystem degradation worldwide
Amendment 254 #
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 263 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a 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 Union market of relevant commodities and products.
Amendment 264 #
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; this definition also applies to the conversion of forests that are not plantation forests into plantation forests;
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) “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 286 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) “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 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means charvesting 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 pronges within a forest that negatively affect its species composition, structure, or function and reduce the forest’s capacity to support biodiversity or deliver ecosystem services, whether human inductsed or servicesnot;
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) “ecosystem degradation” means changes within a natural ecosystem that negatively affect its species composition, structure, and/or function and reduce the ecosystem’s capacity to support biodiversity;
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 325 #
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 330 #
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 or ecosystem conversion after December 31, 20208, and
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the woodrelevant commodities hasve been harvested from the forest without inducing forestproduced without inducing or contributing to forest or ecosystem degradation after December 31, 20208;
Amendment 348 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market when, following a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevantand the application of the appropriate mitigation measures, these commodities or products showing show no cause for concern;
Amendment 358 #
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 362 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities;
Amendment 365 #
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 regulationhe 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 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 uander legislation framework applicable in the country of production; the environment; where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with. __________________ 1a Resolution 48/13 adopted by the Human Rights Council on 8 October 2021 on the human right to a clean, healthy and sustainable environment
Amendment 366 #
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 368 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28b) ‘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 370 #
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 372 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 d (new)
Article 2 – paragraph 1 – point 28 d (new)
(28d) ‘financial institution’ means: (a) a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013; (b) an insurance undertaking authorised in accordance with Article 18 of Directive 2009/138/EC; (c) an institution for occupational retirement provision authorised or registered in accordance with Article 9 of Directive (EU) 2016/2341 except an institution in respect of which a Member State has chosen to apply Article 5 of that Directive or an institution that operates pension schemes which together have less than 15 members in total; (d) a manufacturer of a pension product as referred to in point (e) of Article 2(2) of Regulation (EU) No 1286/2014 or an individual pension product as referred to in point (g) of Article 2(2) of Regulation (EU) No 1286/2014; or (e) an alternative investment fund manager (AIFM) as defined in point (b) of Article 4(1) of Directive 2011/61/EU; (f) a pan-European personal pension product (PEPP) provider as referred to in point (2) of Article 2 of Regulation (EU) 2019/1238; (g) a manager of a qualifying venture capital fund registered in accordance with Article 14 of Regulation (EU) No 345/2013; (h) a manager of a qualifying social entrepreneurship fund registered in accordance with Article 15 of Regulation (EU) No 346/2013; (i) a management company of an undertaking for collective investment in transferable securities (UCITS management company) as defined in point (b) of Article 2(1) of Directive 2009/65/EU; (j) an investment firm as defined in point (1) of Article 4(1) of Directive 2014/65/EU; or (k) branches, when located in the Union, of financial institutions as referred to in points (a) to (j), whether their head office is situated in a Member State or in a third country;
Amendment 375 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 e (new)
Article 2 – paragraph 1 – point 28 e (new)
(28e) ‘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 broking; (g) non-life insurance services as set out in Annex I of Directive 2009/138/EC; or (h) portfolio management and advice;
Amendment 376 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 f (new)
Article 2 – paragraph 1 – point 28 f (new)
(28f) ’public concerned‘ means persons affected or likely to be affected by the infringements referred to in Articles 3 or 4; for the purposes of this definition, persons having a sufficient interest or claiming an impairment of a right, in particular non-governmental organizations, local or indigenous communities working for the protection of the environment and meeting any proportionate requirements under national law, shall be deemed to have an interest;
Amendment 377 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 g (new)
Article 2 – paragraph 1 – point 28 g (new)
(28g) ‘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 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 h (new)
Article 2 – paragraph 1 – point 28 h (new)
(28h) ‘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 380 #
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 385 #
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 productionaw, as defined in point (28) of Article 2; and
Amendment 393 #
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 available for administrative, civic and scientific scrutiny.
Amendment 399 #
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 is not 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 406 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. 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. The Commission may adopt implementing acts concerning technical details for the establishing and maintaining of the access system referred to in the first subparagraph.
Amendment 411 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Traders which are SMEmicro- enterprises may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2.
Amendment 413 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Traders which are SMEmicro- enterprises shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market:
Amendment 417 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Traders which are SMEmicro- enterprises shall keep the information referred to in this Article for at least 5 years and shall provide that information to the competent authorities upon request.
Amendment 420 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEmicro- enterprises 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 424 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Traders which are not SMEmicro- enterprises shall be considered operators and be subject to obligations and provisions in Articles 3, 4, 5, 8 to 12, 14(9), 15 and 20 of this Regulation with regard to the relevant commodities and products that they make available in the Union market.
Amendment 440 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; for relevant products, the description shall include mention of the relevant commodities, or products derived from them, that are contained as components or ingredients, used as feed or used in the production process;
Amendment 448 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) name, email and address of any business or person from whom they have been supplied with the relevant commodities or products and all other suppliers included upstream in the supply chain;
Amendment 451 #
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 legislation of the country of productioninternational law, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity and, 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 455 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) 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 460 #
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 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; and
Amendment 471 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Operators shall verify and analyse information collected in accordance with Article 9 and Article 7b and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it.
Amendment 472 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the assignment of riska high-risk level to the relevant country or parts thereof in accordance with Article 27;
Amendment 475 #
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 479 #
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 481 #
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 484 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystems conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 486 #
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, lawsuits and other legal actions as well as the threats of such actions violation of rights of, or violence against vulnerable, 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 492 #
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 degradation has, ecosystems conversion or forest and ecosystems degradation, as well as violations of the relevant law have occurred or is occurring;
Amendment 499 #
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 the rules applicable in the country of production, as defined in point (a) of Article 3(b2(28) of this Rregulation.
Amendment 503 #
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 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 510 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Undertakings shall ensure that their purchase policies do not cause or contribute to deforestation, forest or ecosystem conversion or degradation.
Amendment 519 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a) and (b). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 521 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Articles 8. 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 to 10, as well as the implementation and outcomes of otheir EU legislative instrumentsdue diligence.
Amendment 525 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Reports shall, in respect of relevant commodities and products supplied by each supplier: (a) include the information described in Articles 9(1)(a) to (e); (b) describe the information and evidence obtained and used to assess the compliance of the relevant commodities and products with Articles 3(a), (b) and (c); (c) state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); (d) include the date and place where relevant commodities and products were placed on or exported from the Union market; and (e) provide evidence of consultation 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 533 #
Proposal for a regulation
Article 12
Article 12
Amendment 547 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a 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 550 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12b Collection of information and documents 1. Financial institutions shall collect the information, documents and data demonstrating that the provision of financial services to customers complies with Article 12a (1). These shall include, at least: (a) description of the customer’s economic activities and of the activities of entities controlled by, controlling of otherwise linked to the customer; (b) description of the economic activities of the customers’ suppliers and of the suppliers of the other entities listed under paragraph (a) (c) when the customer is an operator or trader for the purpose of this regulation, information on the relevant commodities and products placed on, made available on or exported from the Union’s market and on the related exercise of due diligence under this Regulation; (d) use, for the activities under (a) and (b) of relevant commodities and products, including information on the relevant commodities and products effectively used and on the related exercise of due diligence under this Regulation; (e) policies adopted, and implemented by, the customer and by the entities and suppliers referred to under (a) and (b) in view of ensuring that their activities do not cause deforestation, ecosystems conversion, forests and ecosystems degradation or human rights’ violations; (f) independent audits on the effectiveness of the due diligence and policies mentioned under (c), (d) and (e). 2. Financial institutions shall make available to the competent authorities upon request the information, documents and data collected under this article. 3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information, documents, and data to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 552 #
Proposal for a regulation
Article 12 c (new)
Article 12 c (new)
Amendment 553 #
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Article 12d Due diligence guidelines In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with stakeholders, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines; when developing those guidelines due account shall be taken i.e. of the UN Guiding Principles on Business and Human Rights and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 554 #
Proposal for a regulation
Article 12 e (new)
Article 12 e (new)
Article 12e Relation with other Due diligence requirements Due diligence obligations under this Regulation shall apply independently of 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 561 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, the Commission shall provide guidance in the form of non- exhaustive lists of relevant rules applicable to the production of relevant commodities and products in the countries of origin and of production or parts thereof in order to facilitate compliance with the requirements of this Regulation. Such guidance shall be developed in consultation with the countries concerned and all relevant stakeholders, including civil society, indigenous peoples, local communities and smallholders, and take into account the aims of this Regulation stated in Article 1 and measures considered to be best practice, which may form part of a structured dialogue conducted pursuant to Article 28. In developing such guidance, the Commission shall take into account existing processes where lists of rules applicable to the production of relevant commodities and products in the countries of origin are already being developed.
Amendment 564 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Member States, may shall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation.
Amendment 565 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Assistance shall be provided by entities that are functionally and structurally separated from competent authorities, in a manner which does not compromise their independence, legal obligations and responsibilities of competent authorities in enforcing this Regulation.
Amendment 568 #
Proposal for a regulation
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
Amendment 571 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of complianceprevious failures of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks andto ensure compliance with this Regulation, the quantity of relevant commodities and products being placed or made available on the market by the operator or trader, the experience on implementation of the plans, theod of time since the risk assessment for the relevant commodities or products was completent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulationd, the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.
Amendment 583 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5at least 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 587 #
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 589 #
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 to avoid falsification or fraud.
Amendment 593 #
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13a. Records of checks carried out under this regulation and reports of their results and outcomes shall constitute environmental information for the purpose of Directive 2003/4/EC of the European Parliament and of the Council1a. _________________________ 1a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
Amendment 598 #
Proposal for a regulation
Article 15 – paragraph 1 – point d – paragraph 1
Article 15 – paragraph 1 – point d – paragraph 1
Amendment 601 #
Proposal for a regulation
Article 15 – paragraph 1 – point e a (new)
Article 15 – paragraph 1 – point e a (new)
(ea) and, where appropriate,
Amendment 606 #
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 610 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Checks on financial institutions 1. Competent authorities shall, with the assistance of the authorities referred to in Article 7 of Directive (EU) 2015/849, conduct checks on financial institutions to establish whether they comply with their obligations under this Regulation and whether the financial services they provide to customers are compliant with the requirements of this Regulation. The provisions on checks laid out in Articles 14 and 15 of this Regulation shall apply, with the necessary adjustments, to the checks performed in accordance with this article. 2. Financial institutions shall cooperate with competent authorities to facilitate the performance of checks including by disclosing all the information that is relevant to demonstrate compliance with Articles 12a, 12b and 12c.
Amendment 619 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States or to support enforcement action by these competent authorities.
Amendment 624 #
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 accordance with Article 23 which are final within the preceding four years, including the trading name of the relevant non- compliant products.
Amendment 630 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. 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 633 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. Without prejudice to paragraphs 1 to 3, 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 of the European Parliament and of the Council1a. _____________ 1a Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).
Amendment 639 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1530% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1530% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this article regularly include all of the elements listed in Article 15.
Amendment 642 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, on the basis of the examination of evidence or other relevant information, including based on information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or following the checks referred to in Article 15 and 16, possible serious shortcomingsinfringements of this regulation have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
Amendment 647 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in accordance 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 within a specified and reasonable period of time.
Amendment 653 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroyingonating, where possible, the relevant commodity or product or donating it to charitable or public interest purposes. or otherwise destroying it;
Amendment 657 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) addressing any shortcoming in the due diligence system which may have led to the non-compliance, in view of preventing the risk of further infringements.
Amendment 660 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to takcomplete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1, or where the non- compliance referred to in paragraph 1 persists after that period of time ends, 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 665 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member StatesThe Commission shall lay down rules on penaltieadministrative and penal sanctions applicable to infringements of the provisions of this Regulation by operators and traders and 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, in order to ensure harmonised standards are applied across the Union. Member States shall take all measures necessary to ensure that they are implemented.
Amendment 666 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Member States shall put in place effective, proportionate and dissuasive penalties proportionate to the damage caused to forests, natural ecosystems or human rights, to the costs of restoring forests and natural ecosystems and of restoring human rights, and to the economic damage suffered by the communities concerned as a result of any violation;
Amendment 668 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The penalties provided foradministrative and criminal penalties for natural and legal persons shall be effective, proportionate and dissuasive. Penalties shall include as a minimum:
Amendment 671 #
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) penal and/or administrative fines proportionate to the environmental damage and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 415 % of the operators or trader’s annual turnover in the Member State or Member States concerned; Union, calculated in accordance with Article 5(1) of Council Regulation (EC) 139/20041a; ______________ 1a Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
Amendment 675 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) the obligation to restore the environment in a given period of time;
Amendment 677 #
Proposal for a regulation
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
(d) temporary exclusion from public procurement processes and from access to public funding, including tendering procedures, grants and concessions.
Amendment 678 #
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them;
Amendment 682 #
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(db) recall of relevant commodities or products offered for sale including at retailers;
Amendment 685 #
Proposal for a regulation
Article 23 – paragraph 2 – point d c (new)
Article 23 – paragraph 2 – point d c (new)
(dc) inclusion of the operator and/or trader in question in the public list of contravening operators and traders referred to in Article 23a.
Amendment 686 #
Proposal for a regulation
Article 23 – paragraph 2 – point d d (new)
Article 23 – paragraph 2 – point d d (new)
(dd) criminal sanctions, in accordance with [the forthcoming 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 687 #
Proposal for a regulation
Article 23 – paragraph 2 – point d e (new)
Article 23 – paragraph 2 – point d e (new)
(de) - temporary or permanent prohibition from engaging in commercial activities; – the withdrawal of permits and authorisations to carry out activities that led to the commission of the offence; – placement under judicial supervision; – judicial dissolution; – temporary or permanent closure of establishments used to commit the offense; – the obligation for companies to put in place duty of care mechanisms to improve compliance with environmental standards; – publication of the judicial decision on the conviction or of any sanction or measure applied.
Amendment 689 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
Amendment 692 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Penalties applicable to financial institutions 1. Without prejudice to other applicable Union and national instruments, Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation by financial institutions and 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. 2. The penalties provided for shall be effective, proportionate and dissuasive. Penalties shall include as a minimum: (a) a public statement which identifies the natural or legal person and the nature of the breach; (b) an order requiring the natural or legal person to cease the conduct and to desist from repetition of that conduct; (c) fines proportionate to the environmental damage and the value of the financial services provided, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the financial institution’s annual turnover in the Union; (d) confiscation of the sums provided to the customers in the performance of the financial services provided to them in breach of this Regulation; (e) confiscation of revenues gained by the financial institutions from the provision to the customer of financial services in breach of this Regulation; (f) temporary exclusion from public procurement processes; (g) in case of serious or repeated infringement, where a financial institution is subject to an authorisation, withdrawal or suspension of the authorisation; (h) a temporary ban against any person discharging managerial responsibilities in a financial institution, or any other natural person, held responsible for the breach, from exercising managerial functions in financial institutions; 3. Member States may empower competent authorities to impose additional types of administrative sanctions in addition to those referred to in points (a) to (h) of paragraph 2.
Amendment 699 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. Where a relevant commodity or product comes from an area identified as high risk pursuant to Article 27, or where following the risk analysis under Article 14(4) the status of the corresponding due diligence statement indicates in the information system established under Article 31 that a relevant commodity or product requires to be checked before placed or made available on the EU market or exported, customs authorities shall suspend the release for free circulation or export of that relevant commodity or product.
Amendment 705 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destinall other Union customs authorities, in particular customs office of destination, as well as with the national competent authority in charge of enforcing this Regulation.
Amendment 707 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourno later than 1 years from the date of adoption of the relevant implementing act referred to in paragraph 3.
Amendment 709 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable:
Amendment 713 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries and parts thereof shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list or (b). In identifying countries and parts thereof, the Commission shall adopt a risk-based approach that prioritises countries and parts thereof where relatively larger volumes of relevant commodities or products are produced and with relatively higher risks of non-compliance with Article 3, point (a) or (b). 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 and the assessment of countries or parts thereof that led to their inclusion on that list shall be reviewed at least every three years in line with paragraphs 2 and 3.
Amendment 723 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria:
Amendment 733 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forestecosystem conversion and forest and ecosystems degradation,
Amendment 734 #
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 735 #
Proposal for a regulation
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) production transformation, and import trends of relevant commodities and products,
Amendment 740 #
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
Amendment 743 #
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments 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 implementationprovided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;
Amendment 747 #
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 takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest, 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 degradation, forest 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 748 #
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders;
Amendment 750 #
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(fb) the level of implementation and enforcement of the rules applicable in the country of production described in Article 2(28), including clarity and consistency of the legal framework, and transparency and monitoring of its implementation.
Amendment 753 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
Amendment 755 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2 – introductory part
Article 27 – paragraph 3 – subparagraph 2 – introductory part
It shall include in the notification, and in the consultation, the following information:
Amendment 758 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2 – point c
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 766 #
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, including countries exporting significant volumes of commodities listed in Annex I, to develop partnerships and cooperation to jointly address the root causes of deforestation, ecosystems conversion and forest and ecosystem 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 degradationecosystem conversion, forest and ecosystem 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 770 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation shouldall 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 shall support, and, where not already present, 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 775 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, including multi-stakeholder processes to define the scope of relevant legislation, fiscal incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, and the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, strengthen national systems of governance and law enforcement, and ensure public access to forest management documents and other relevant information.
Amendment 781 #
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 784 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Commission shall ensure that there are sufficient resources to support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the Union market.
Amendment 788 #
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 appropriatecircumstances indicate a breach has likely occurred, 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 791 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possiblewithin 30 days of receiving a substantiated concern, and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its assessment of their substantiated concern pursuant to paragraph 2, and the decision to accede to or refuse the request for action and shall provide the reasons for it. and shall, where further action is taken pursuant to paragraph 2, inform the natural or legal person of the further action taken and the outcome within 60 days of receiving the substantiated concern.
Amendment 796 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. Member States shall provide for measures to protect the physical or legal persons who produce these reports or who carry out investigations and verify compliance by operators or traders with the provisions of this Regulation.
Amendment 798 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Natural or legal persons’ substantiated concerns in relation to the provision of financial services 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 financial institutions are failing to comply with the provisions of this Regulation. 2. The competent authority shall, with the assistance of the authorities referred to in Article 7 of Directive (EU) 2015/849, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of the financial institutions and of the operators and traders concerned, with a view to detecting potential breaches of the provisions of this Regulation. 3. The terms and procedure set out in Article 29 (3) shall apply.
Amendment 800 #
Proposal for a regulation
Article 29 b (new)
Article 29 b (new)
Amendment 806 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Any such procedure shall be fair, equitable, timely and not prohibitively expensive including access to legal representation, as well as provide adequate and effective remedies, including injunctive relief where appropriate.
Amendment 807 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 811 #
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
Amendment 814 #
Proposal for a regulation
Chapter 6 a (new)
Chapter 6 a (new)
Amendment 833 #
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 extendiadditional measures to streng the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiesn the protection of forests, natural ecosystems, and human rights, as well as coherence and synergies with Union climate and biodiversity legislation.
Amendment 837 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than five 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 844 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 850 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 854 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Commission shall permanently monitor the impact of this regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by the interested stakeholders. No later than three years from the date of application referred to in Article 36(2), the Commission shall propose measures, taking into account the outcomes of the monitoring process aiming at supporting these stakeholders, in particular to: (a) ensure that their production methods and scale are able to comply with the sustainability criteria set out in the regulation, and that their commodities and products are traceable and their origin transparent; (b) promote, when necessary, their transition towards, and the maintaining of, socially and environmentally sustainable agricultural practices which do not make them exclusively dependent on commodity production for export but support a transition focused on agro- ecology; (c) facilitate and support their inclusion in supply chains leading to the Union internal market by creating conditions and incentives that enable them to comply with the Union regulatory requirements; (d) provide support and incentives for them to conserve their forests and natural ecosystems on their lands that are used for commodity production; (e) guarantee that, in any case, the rights of indigenous peoples and other local communities with tenure rights are adequately protected.
Amendment 857 #
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 extend the relevant productcommodities 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 deforeste broadest application to commodities linked to deforestation, ecosystem conversion and forest and ecosystem degradation. 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 862 #
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 amend Annex I to include relevant products that contain or have been made usingadditional relevant commodities.
Amendment 866 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and the public, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 868 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35a Link with Directive 2003/35/EC Annex I of Directive 2003/35/EC is amended by adding the following: (g) Article 14(3) of Regulation (EU) No XXXX/XX of the European Parliament and of the Council of XX [month] XXXX 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) No995/2010.
Amendment 878 #
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Goods as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, referred to as “relevant commodities” in Article 1 of this Regulation68 : bovine, cocoa, coffee, maize, natural rubber (including natural rubber, balata, gutta- percha, guayule, chicle and similar natural gums), oil palm, poultry, soya, sheep and goats, swine, wood as well as commodities from mining and extractive industries including gold, diamonds, oil, gas, bauxite, nickel, copper and iron. In accordance with Article 1, the Regulation shall apply to all goods that contain, have been fed with or have been made using “relevant commodities” or products deriving from them, and are therein referred to as “relevant products”. An indicative list of these products is provided in the table included in this Annex. __________________ 68 The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 887 #
Amendment 893 #
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2. Harmonised System code, free-text description, including the trade name as well as, where applicable, the full scientific name, and quantity70 of the relevant commodity or product that is intended to be placed on or exported from the Union market by the operator; __________________ 70 The quantity must be expressed in kilograms of net mass and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.
Amendment 895 #
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots of land of production, including geo- localisation coordinates, latitude and longitude, and date or time range of production. Where a product or commodity contains materials, ingredients or components produced in different plots of land, the geo-location coordinates of all different plots of land shall be included;