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Regulation on deforestation-free products adopted | 31 May 2023

On 31 May 2023 the Regulation (EU) 2023/1115 of the European Parliament and of the Council on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 was eventually adopted. The new EU rules are to guarantee that the products EU citizens consume do not contribute to deforestation or forest degradation worldwide. It entered into force on 29 June 2023.

date:  10/07/2023

The Regulation is part of a broader plan of actions to tackle deforestation and forest degradation first outlined in the 2019 Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests. This commitment was later confirmed by the European Green Deal, the EU Biodiversity Strategy for 2030 and the Farm to Fork Strategy.

The overall objective of the new rules is to bring down greenhouse gas emissions and biodiversity loss by promoting the consumption of ‘deforestation-free’ products and reducing the EU’s impact on global deforestation and forest degradation. The rules address all forms of deforestation and forest degradation by agricultural expansion as the main driver of these processes, linked to the production of commodities like soy, beef, palm oil, wood, cocoa, coffee, rubber and some of their derived products, such as leather, chocolate, tyres, or furniture. As a major economy and consumer of these commodities linked to deforestation and forest degradation, the EU is partly responsible for this problem and it wants to lead the way to solving it. 

Relevant commodities (per definition: cattle, cocoa, coffee, oil palm, rubber, soya and wood) and relevant products (listed in Annex I of the Regulation that contain, have been fed with or have been made using relevant commodities) shall not be placed or made available on the market or exported, unless they are deforestation-free, they have been produced in accordance with the relevant legislation of the country of production; and they are covered by a due diligence statement. All three requirements must be fulfilled.

Under the Regulation, any operator or trader who places these commodities on the EU market, or exports from it, must be able to prove that the products do not originate from recently deforested land or have contributed to forest degradation. 

The Regulation establishes a country benchmarking system (high, standard and low risk) and contains rules for cooperation with third countries.

The criteria for the classification are: rate of deforestation and forest degradation; rate of expansion of agriculture land for relevant commodities, and production trends of relevant commodities and of relevant products.

The Commission will engage in a specific dialogue with all countries that are, or risk to be classified as, high risk, with the objective to reduce their level of risk. The Commission will in any case formally notify the country concerned of its intention to classify that country to a different risk category and invite it to provide any information deemed useful in that regard.

The Regulation on deforestation-free products repeals the EU Timber Regulation. As of 29 June 2023, operators and traders will have 18 months to implement the new rules. Micro and small enterprises will enjoy a longer adaptation period, as well as other specific provisions.

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