Activities of Anna ZALEWSKA related to 2021/0366(COD)
Plenary speeches (1)
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 (46)
Amendment 120 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Forests lie within the competences of Member States and are vital to each country's prosperity. The specific circumstances of forests and of forest- related ecosystems in each Member State and of the management practices are diverse, and Member States are therefore the most knowledgeable regarding their forests and need to be closely consulted on every policy matter pertaining to forestry.
Amendment 137 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) At COP27 and COP28, and other international fora, the EU should encourage further action to international partners in the field of addressing deforestation and forest degradation in their territories.
Amendment 149 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(22a) Given that the share of smallholders in the production of the commodities concerned can be as high as 80 %, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. The new rules should aim to minimise the burden on smallholders in third countries and prevent barriers to their access to the market and international trade. It is therefore crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements. At the same time, the setting up of a credible traceability system can empower smallholder farmers as it can avoid the non-payment of promised sustainability premiums, allow for electronic payments to producers by using the national traceability system thus combatting fraud and enable local authorities to collect knowledge on the number of producer plots and control the number of farmers.
Amendment 155 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This regulation should not result in a "deforestation leakage" in which the additional rules cause a redirecting of imports to or exports away from the Union and to third countries, especially those in which such rules do not apply, thereby resulting in not reducing deforestation on the global scale whilst also decreasing the Union industries associated with the commodities and products covered by this regulation;
Amendment 156 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Sustainable forest management of the Member States must not be hindered or negatively affected by the provisions of this Regulation;
Amendment 161 #
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation- free” should be sufficiently broad to cover both deforestation and forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data, without hindering sustainable forest management practises in Member States.
Amendment 198 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) The effective and efficient implementation of the Regulation cannot be accomplished if the administrative burdens are not minimised.
Amendment 203 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Member States should receive additional support to ensure capacities to implement the additional requirements in this Regulation;
Amendment 204 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) The additional requirements laid out in this regulation should not result in a decrease of affordability for the end consumers;
Amendment 218 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) Natural disturbances should be taken into consideration when considering compliance checks.
Amendment 234 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) Acknowledges the ongoing Russian aggression against Ukraine has an impact on food security as well as the functionality of this regulation, and appropriate derogations should be applied during the war as well as during the post- war reparation phases so as not to compromise food security.
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the deliberate human-induced conversion of forest to agricultural use, whether human-induced or not;
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvestingforest management operations that are not sustainable and cause a reductionccording to the applicable legislation of the country of harvest and cause an irreversible reduction, spanning more than [n] forest rotation periods[s], or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services, and where, after final felling, the site is not regenerated through planting or natural regeneration, or a combination of these, resulting in an overall decrease of forest growth on national level;
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘sustainable forest management’ means the stewardship and use of forests and forest lands, according to the definition in the country in which it takes place, in the understanding of the FOREST EUROPE process, in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
Amendment 329 #
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 after December 31, 2020... [the date of entry into force of this Regulation], and
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘operator’ means any natural or legal person who, in the course of a commercial activity, places relevant commodities and products for the first time after entry into force of this Regulation, on the Union market or exports them from the Union market;
Amendment 361 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘plot of land’ is an extension of land within a single real-estate property, as recognised by the laws of the country of production, and which enjoys sufficiently homogeneous conditions as to allow to evaluate on the aggregate level the risk of deforestation and forest degradation associated with commodities produced on that extension of landmeans an area of land delineated for traceability and monitoring purposes;
Amendment 388 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. If there is a risk that the prohibition of a commodity or product from being placed or made available on the Union market as a result of the provisions in this Regulation, and there is a risk of deforestation leakage rather than steps taken to correct the shortcomings, relevant entities are encouraged, where appropriate, to take steps to encourage a correction of the practises that have been deemed as incompatible with this Regulation.
Amendment 407 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. The due diligence system of operators placing products for the first time on the Union market or exporting them shall be verified by a third party audit on an annual basis. Operators shall share those third-party audits with the competent authorities. The process shall seek to minimise the administrative burden for operators and replace the need for a due diligence certificate upon every entrance of products onto the Union market.
Amendment 410 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Traders which are SMEs may only make available on the market relevant commodities and products if they are in, and shall undertake necessary efforts to obtain as soon as possible, if it is not completely in their possession of, the information required under paragraph 2.
Amendment 419 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new information, including substantiated concerns, that 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. In such an event of having received new information, this shall not result in penalties imposed or be considered as deliberate non-compliance.
Amendment 426 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. The Commission shall ensure that SMEs which do not have the means to meet the requirements in this Article shall have the possibility to receive assistance with a view to minimise additional administrative burdens.
Amendment 428 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The entity considered as the operator in the Union shall, where necessary and in the case of continued insufficient provision of information, receive assistance from the Commission in attaining the required information from the original operator from outside the Union.
Amendment 434 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. By ... [12 months after the entry into force of this Regulation], the Commission shall adopt implementing acts, following close consultation with Member States and sufficiently wide varieties of relevant stakeholders, supplementing this Regulation with commodity-specific guidance and support to clarify due diligence responsibilities and traceability rules of operators tailored to fit the respective supply chain.
Amendment 442 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 458 #
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) where applicable, considering the specific characteristics of the supply chain of the commodity, and where compatibility with the national laws is not compromised, it may also include general coordinates, latitude and longitude of all plots of land where the relevant commodities and products were produced, as well as date or time range of production;
Amendment 464 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 491 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) if relevant and applicable, if natural disturbances have occurred, as to distinctly differentiate them from deliberate or negligence-related forest degradation and deforestation;
Amendment 512 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 578 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 37 working days unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).
Amendment 580 #
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 5% ofon the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5% of the quantity of each of the relevant commodities placed or made available on or exported from their marketare based on assessment of the commodities posing the most considerable risks relevant to this Regulation.
Amendment 592 #
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13a. Member States shall upon request receive additional and adequate support from the Commission to enable them to carry out the additional requirements set out in this Regulation.
Amendment 662 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Natural disturbances Where a natural disturbance has occurred, it must be taken into consideration by all relevant entities in this Regulation in the due diligence and checks procedure, as to not mistaken it for deliberate or negligent malpractices.
Amendment 704 #
Proposal for a regulation
Article 24 – paragraph 8 a (new)
Article 24 – paragraph 8 a (new)
8a. If there is a risk that the prohibition of a commodity or product from being placed or made available on the Union market as a result of the provisions in this Regulation, and there is a risk of deforestation leakage rather than steps taken to correct the shortcomings, relevant entities are encouraged, where appropriate, to take steps to encourage a correction of the practises that have been deemed as incompatible with this Regulation.
Amendment 751 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The "high-risk" tier shall be applied only in the most severe instances.
Amendment 760 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. If there is a risk that the prohibition of a commodity or product from being placed or made available on the Union market resulting from the provisions in this Regulation may cause deforestation leakage to occur, the relevant entities are encouraged, where appropriate, to take steps to facilitate the correction of the practises that have been deemed as incompatible with this Regulation.
Amendment 763 #
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Where a country has been labelled as high-risk, and has taken steps to reverse its shortcomings sufficiently, it shall be removed from the classification.
Amendment 764 #
Proposal for a regulation
Article 27 – paragraph 4 b (new)
Article 27 – paragraph 4 b (new)
4b. Where the given country considers that the designation is unfair or inaccurately reflecting the practises, it may present the Commission measures it has taken to address the shortcoming or argumentation as to why it believes the designation is unfair, and request the Commission to undertake a review, and where appropriate, reconsider the classification. The Commission shall respond without undue delay.
Amendment 828 #
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, based on a detailed impact assessment, a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on: (a) an evaluation of the need and the feasibility of extending 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 commodities. ; (b) the need and feasibility of extending the scope of this Regulation to other commodities and products, including rubber, charcoal, and sugar cane; (c) any occurrences of deforestation leakage; (d) any occurrences of inauthentic market distortions pertaining to each and any of the commodities and products covered by this Regulation;
Amendment 861 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 865 #
Proposal for a regulation
Article 33
Article 33
Amendment 870 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Articles 3 to 12, 14 to 22, 24, 29 and 30 shall apply 124 months from the entry into force of this Regulation.
Amendment 874 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises53 established by December 31, 2020[the entry into force of this Regulation], except for products covered in the Annex to Regulation (EU) No 995/2010. __________________ 53 As defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC.
Amendment 897 #
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- localisationneral production area coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of land, the geo-locationneral production area coordinates of all different plots of land shall be included;