Fri. Nov 22nd, 2024

EU Deforestation Regulation: EU Council reconfirms postponement of application

Nov 20, 2024 ,

Brussels, 20 November 2024

Today, the Council firmly reiterated its support to the proposed targeted amendment of the EU deforestation regulation, postponing its date of application by 12 months. The Council considers that this is the best way forward to ensure legal certainty for all stakeholders. It should be recalled that the proposal of the Commission needs to be adopted, signed and published in the Official Journal before 30 December 2024.

This postponement will allow third countries, member states, operators and traders to be fully prepared in their due diligence obligations, which is to ensure that certain commodities and products sold in the EU or exported from the EU are deforestation-free. This includes products made from cattle, wood, cocoa, soy, palm oil, coffee, rubber, and some of their derived products.

More time given to better prepare for implementation

The deforestation regulation has already been in force since 29 June 2023 and its provisions are to be applied from 30 December 2024. The Council agreed to the Commission’s proposal to postpone the application date of the regulation by one year.

This would give legal certainty, predictability and sufficient time for a smooth and effective implementation of the rules, including fully establishing due diligence systems covering all relevant commodities and products. These due diligence systems include identifying deforestation risks in supply chains as well as monitoring and reporting measures to prove compliance with EU rules.

Keeping the deforestation-free objective

The targeted amendment will not affect the substance of the already existing rules, which is to minimise the EU’s contribution to deforestation and forest degradation worldwide, by only allowing placing on the EU market, or exporting from the EU, deforestation-free products. Deforestation-free products are products that have been produced on land not subject to deforestation or forest degradation after 31 December 2020.

Next steps

The Council will now inform the European Parliament of this position with a view to start negotiations. The aim is to have the regulation formally adopted by both co-legislators and published in the Official Journal of the EU so that it can enter into force by the end of the year.

Background

The main driver of global deforestation and forest degradation is the expansion of agricultural land, which is linked to the production of the commodities included in the scope of the regulation. As the EU is a major consumer of such commodities, it can reduce its contribution to global deforestation and forest degradation by making sure these products and related supply chains are ‘deforestation-free’.

The deforestation regulation was adopted in 2023 and establishes rules to ensure that products derived from certain commodities (namely coffee, cocoa, palm oil, soya, cattle, rubber and wood), which are placed on the EU market or exported from the EU, have not caused deforestation or forest degradation during their production, have been produced in accordance with the relevant legislation of the country of production and are covered by a due diligence statement.

The Commission submitted its proposal on postponing the application date of the deforestation regulation in response to concerns raised by member states, third countries, traders and operators that there was a risk that they would not be able to fully comply with the rules by 31 December 2024.

 Source – EU Council

 

EPP Group: Member States’ block on changes of the Deforestation Law is irresponsible!

“The behaviour of these Member States is irresponsible! They are obstructing urgently needed changes to the Deforestation Law that could stop illegal global deforestation and protect European companies, foresters and farmers against unreasonable bureaucracy,” commented Christine Schneider MEP, the European Parliament’s lead negotiator on the Deforestation Law.

“The law must be both effective and practical. We must extend the implementation deadline by a year and introduce changes to provide companies with the planning security they need. We must ensure that these changes are adopted before the end of the year,” she added.

For the EPP Group, a mere postponement is not enough. “The structural problems of the legislation remain, particularly the bureaucratic burdens and documentation requirements that overwhelm small and medium-sized enterprises. These businesses often face insurmountable challenges even though they play no role in global deforestation. The current law punishes those who already practice sustainable forestry while failing to address real issues – such as illegal deforestation,” Schneider says.

“If Member States continue to block progress and refuse to compromise, they risk disadvantaging European businesses, foresters, and farmers, who urgently need clear and practicable guidelines. There is a significant political risk in talking only on simplification and competitiveness without taking concrete steps to improve the legislation. This creates fertile ground for all extremist forces in Europe to thrive,” Schneider concluded.

Source – EPP Group

 

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