Aerial drone view of rainforest cleared for agricultural development
We, the undersigned organisations, welcome the European
Commission’s proposal for a new EU regulation on deforestation-free products.
This proposal represents an essential step forward in global environmental
governance and a huge opportunity to minimise the EU’s impacts on people and
planet in line with its commitments on climate, biodiversity and human rights.
It is now up to the European Parliament and Member States to preserve and improve the essential elements of the Commission’s proposal and deliver a strong and ambitious law that meets the high expectations of EU citizens. To that end, we call on the European Parliament and Member States to ensure the current proposal is strengthened to include:
1. Strong sustainability requirements based on
objective criteria that ensure no goods linked to deforestation or forest
degradation, as foreseen in the Commission’s proposal, but also to the
conversion of other natural ecosystems or human rights violations, may be
placed on or exported from the EU market. Requirements should be clearly
described with objective, science-based criteria, use clear and comprehensive
definitions, and apply in addition to applicable laws of the country of
production. Requirements should apply equally to EU exports.
2. Stronger definitions for forests, deforestation
and forest degradation, reflecting those used in the Accountability Framework
Initiative, which make a clear distinction between natural forests and tree
plantations. The proposal defines “deforestation” as conversion of forest to
agricultural use, thereby excluding other causes of deforestation and the
conversion of forests to tree plantations. Instead, it should refer to the
conversion of forest to any other land use, including in the context of
forestry (whether in the form of planted forests or tree plantations), mining
and infrastructure related to commodity production. The definition of “forest
degradation” should aim at preserving the ability of forests to support
biodiversity and protect climate systems, and should prevent any changes within
a natural ecosystem that significantly and negatively affect its species
composition, structure, and/or function, irrespective of the cause.
3. Requirements to respect internationally
recognised human rights and ensure that products placed on or exported from the
EU market are not linked to human rights violations, particularly of the rights
of indigenous peoples and local communities, including requirements to respect
customary tenure rights and the right to Free, Prior and Informed Consent.
4. Equivalent protection from its commencement for
other natural ecosystems, such as savannahs, peatlands and wetlands, with equal
restrictions on products linked to their conversion or degradation. In the
years until the scope of the regulation is potentially extended to other
ecosystems following a review, as contemplated in the Commission’s proposal, agricultural
expansion may simply shift from forests to those ecosystems. This is an
imminent risk, as these other ecosystems are already under pressure from
agricultural expansion and commodities linked to their destruction are already
entering the EU market.
5. Equivalent due diligence requirements for
EU-based financial institutions providing financial services to entities or
corporate groups doing business in the commodities and products covered by the
regulation. The EU Taxonomy Regulation and the Corporate Sustainability
Reporting Directive currently have no obligations on investors and banks to
stop and prevent investments going towards harmful activities, and provide no
mechanisms to hold them accountable.
6. The broadest possible product scope from commencement,
adding all livestock (instead of just cattle), rubber and maize to the existing
list, as well as all products that contain, have been fed with or have been
made using any of the covered commodities, with potential to add additional
commodities over time. All derived products should be covered from commencement
and operators should be responsible for identifying covered products. Any list
of derived products should provide guidance only and should be explicitly
non-exclusive.
7. No exceptions. ‘Simplified’ due diligence should
be removed. The same due diligence obligations should apply to all operators
regardless of size, trade volumes or the apparent risk level of the country or
area of production.
8. Civil liability, access to justice and criminal
liability for serious non-compliance that provides victims of impacts linked to
products unlawfully placed on the EU market with rights of redress against EU
operators and imposes civil liability for harm caused by non-compliance.
Serious non-compliance should constitute a criminal offence. All interested
parties should have a right to redress, including injunctive relief.
9. Stronger transparency requirements, including
supply chain transparency, public reporting on due diligence procedures and
outcomes for all operators (no exemptions for SMEs), greater disclosure in due
diligence statements, including information on an operator’s supply chain and
the risks identified during the due diligence process, unrestricted public
access to due diligence statements, and a public list of non-compliant actors.
10. Clear, objective and measurable country and
sub-national benchmarking criteria that address both sustainability and
legality requirements. Assessment criteria, procedures and timeframes should be
clear, objective, measurable and transparent. Country benchmarking should be
taken into account when conducting due diligence and guide enforcement efforts,
but should not modify due diligence obligations. The benchmarking should also
take into account information provided by third parties, including local
communities, indigenous peoples and NGOs.
11. A cut-off date well before 2020, to prevent
rewarding deforestation that happened in the past and to avoid undermining
initiatives such as the Amazon Soy Moratorium, which aims to prevent the sale
of soy from areas deforested in the Amazon region after 2008.
In addition, the European Parliament and Member States
need to ensure that the regulation preserves and further builds on essential
elements proposed by the Commission, including:
12. Mandatory and results-based supply chain due
diligence obligations for operators and large traders with full traceability to
the plot of land of production, based on geolocation, and full transparency of
producers and upstream traders. Due diligence must be based on reliable
evidence. Products should not be placed on the market or exported if there is
more than a negligible risk that they do not meet the sustainability criteria
and legality requirement. Due diligence must be ongoing and each supply should
be covered by a public declaration of conformity with the regulation’s
requirements.
13. No ‘green lane’ for certification or third-party
verification schemes. The use of certification or other third-party
verification schemes should at most be allowed as complementary information in
the due diligence procedure. Third-party certificates or assurances must not
absolve operators or traders of their due diligence obligations.
14. A robust enforcement framework that includes
multiple public and private mechanisms, in particular an effective
substantiated concerns mechanism supported by adequate procedural safeguards,
unrestricted rights to review competent authority acts and omissions, high
minimum standards for compliance checks and penalties, and proactive checks on
high-risk shipments. Member States and the Commission should receive adequate
budgets for effective enforcement and coordination.
15. A maximum transition period of 12 months between
the regulation entering into force and the commencement of all its provisions.
16. Engagement with producer countries in the form
of structured dialogues, targeted financial and technical support, or other
forms of cooperation to support agro-ecological practices and production that
is free from forest and ecosystem destruction and respects human rights.
Support should specifically empower indigenous peoples and other peoples and
communities with customary rights, local civil society organisations, local
communities and smallholders, and prioritise securing the land tenure rights of
indigenous peoples and other groups with customary land rights.
Signed by:
11.11.11 - AbibiNsroma Foundation - ACRÉSCIMO - Amazon Watch
Sverige - Amigos de la Tierra Amigos de la Mateba - Association for Promotion
Sustainable development India - Association of Ethical Shareholders Germany - ATTAC
Spain - BankTrack - BirdLife Europe - BOS+ - Both ENDS - Buddhist Tzu Chi
Foundation - Bund für Umwelt und Naturschutz Deutschland/Friends of the Earth
Germany Canopée - Centar za životnu sredinu/Friends of the Earth Bosnia and
Herzegovina Centre for Climate Change and Environmental Study - Centre pour
l’Environnement et le Développement - Christliche Initiative Romero e.V. - Conservation International - Europe - ClientEarth
- Climate Action Network-Europe (CAN-E) - Climate Change Network Nigeria
(Climate Connect Initiative) - Climate Alliance - CNCD-11.11.11 - Coordinadora
Estatal de Comercio Justo - Confederación de Consumidores y Usuarios (CECU) - Coordination
Office of the Austrian Bishops’ Conference for international development and Mission (KOO) - CorA Network
for Corporate Accountability (Germany) - Corporate Europe Observatory - Corporate
Justice Network - Deutsche Umwelthilfe (DUH) - Environmental Action Germany - DKA
Austria Catholic Children’s Movement - DOCIP - DOPPS - BirdLife Slovenia - Društvo
Gibanje TRS - Earthsight - European Coalition for Corporate Justice (ECCJ) - Ecologistas
en Acción - Environmental Investigation Agency - ELA - Environmental Justice
Foundation - Eurogroup for Animals - Fair Finance International - Fair Finance
Pakistan Coalition - Federation of Community Forestry Users Nepal (FECOFUN) - Fern
- FOCSIV Italian Federation Christian Organisations International Voluntary
Service - Focus Association for Sustainable Development - Fondazione
Alberitalia - Forest of the World - Forests People Programme - Forêts et
Développement Rural (FODER) - Forum Ökologie & Papier Germany - Friends of
Fertö Lake Association - Friends of the Earth Europe - Friends of the Earth
Finland - Friends of the Earth Georgia/Greens Movement of Georgia - Fundación
Global Nature - Global Forest Coalition - Global Witness - GOB (Mallorca) - Green
Development Advocates - Greenpeace EU - Human Rights - International Corner - Indigenous
Peoples Global Forum for sustainable development, IPGFforSD - Institute for
Agriculture and Trade Policy, Europe - International-Curricula Educators
Association - Jane Goodall Institute France - Justicia Alimentaria - La
Coordinadora de Organizaciones para el Desarrollo de España Legambiente ONLUS
- Mighty Earth - Milieudefensie: Friends
of the Earth Netherlands - OroVerde: Tropical Forest Foundation - Our Food. Our
Future - Parque central sin Especulación - PCPCYll - Plataforma contra la
privatización del Canal de Isabel II Plataforma por una Banca Pública - Polski
Klub Ekologiczny - Protect Our Winters Europe - ProVeg International - Rainforest
Action Network - Rainforest Foundation Norway - Reach out Salone - Reforma
Florestal Já : Por Pedrógão por Portugal - Réseau des Organisations de la
Société Civile pour le Développement du Tonkpi (ROSCIDET) - ROBIN WOOD e. V. - Salvia
EDM - Seattle to Brussels Network - SEO BirdLife - Südwind - Swedish Society
for Nature Conservation - Synaparcam: The International Federation for Human
Rights (FIDH) - The Slovenian Association for Bat Research and Conservation
TROCA: Plataforma por um Comércio Internacional Justo Umanotera, The Slovenian
Foundation for Sustainable Development Union Vegetariana Española - UNFCCC
YOUNGO (Nature Working Group) - Veblen Institute - Vogelbescherming Nederland
(BirdLife in The Netherlands) - VšĮ «Žiedinė ekonomika» - Wildlife Conservation
Society EU - Wetlands International: Europe - World Animal Protection
Netherlands - WWF European Policy Office - Zentrum für Mission und Ökumene -
Nordkirche weltweit (Germany) ZERO - Associação Sistema Terrestre Sustentável
