Over the past 30 years, about 10% of forests worldwide disappeared, while around the same portion of forests have been severely affected by fragmentation. Considered as the main driver of climate change and biodiversity loss, deforestation has a significant social and economic impacts for all humans. Tackling deforestation and forest degradation is a common responsibility for our planet’s health, including consumers’ and manufacturer’s’ responsibility. With the goal to reduce emissions, avoid harmful consumption, and address deforestation, the European Commission published Regulation on deforestation-free products in June 2023, which applies in the European Union from December 2024.
Key deforestation products and prohibitions
The Deforestation Regulation requires operators and traders to collect geographic coordinates of land plots where their commodities are produced. Traceability is necessary to demonstrate that there is no deforestation occurring in the lands where the products come from. Specifically, the Regulation applies to products related to production of commodities which have a major impact of deforestation. This list includes cattle, cocoa, coffee, oil palm, rubber, soya, and wood. Importantly, this list enhances some of their derived products as well, such as leather, beef, chocolate, tyres, furniture, wood or paper products, coffee, and palm oil, among others.
These products can be introduced to the EU market or exported only if they did not contribute to deforestation or forest degradation, have been produced according to the country’s relevant legislation, and are covered by a due diligence statement.
No-deforestation claims
Geolocation allows to check the validity of a no-deforestation claim. Operators (or not-SMEs traders) are responsible to collect geographic coordinates of the lands’ plots where the commodities come from. When the operators or traders cannot retrieve such data, they cannot market the products in the EU. Member States’ competent authorities carry out checks to ensure that the commodities comply with the relevant deforestation requirements. They can verify whether the products come from deforestation-free plots, the due diligence statements’ validity, and the overall compliance of the operators and traders with the Regulation.
According to the Regulation’s definitions, operator means “any natural or legal person who, in the course of a commercial activity, places relevant products on the market or exports them”. Trader means “any person in the supply chain other than the operator who, in the course of a commercial activity, makes relevant products available on the market”.
Deforestation Regulation implementation timeline
In June 2019, the European Commission adopted the 2019 Communication on Stepping up EU Action to Protect and Restore the World’s Forests. With its publication on 9 June 2023, Regulation (EU) 2023/1115 entered into force on 29 June 2023 and applies from 30 December 2024. However, there is a longer transition period for micro and small enterprises (30 June 2024), which are subject to simplified obligations.
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References:
EUR-Lex (2023). Regulation (EU) 2023/1115 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. Retrieved on 18/09/2024.
European Commission (2024). Deforestation. Retrieved on 18/09/2024.
European Commission (2024). Frequently Asked Questions – Implementation of the EU Deforestation Regulation. Retrieved on 18/09/2024.
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