Status: Proposal

Law - European Union - Deforestation Regulation

Deforestation Regulation

Summary Table

Obligations
  • Reporting
  • Due Diligence
  • Other
Normative scope
  • Human Rights
  • Environment
  • Broad ranging
Value chain scope
  • Own Operations
  • Subsidiaries
  • Direct Suppliers
  • Indirect Suppliers
  • Full Value Chain
Company scope
  • Large Companies
  • SMEs
  • All sectors
Administrative enforcement
  • Monitoring
  • Administrative Sanctions
Judicial enforcement
  • Civil Liability
  • Facilitating Access to Justice
Obligations
  • Reporting
    • Companies must submit a statement to a European information system confirming they have exercised their due diligence duties and that the products they place on the EU market are compliant with the relevant EU laws
    • Operators must informs competent authorities if new information becomes available after the due diligence procedures is concluded and the statement is submitted
  • Due Diligence
    • Mandatory due diligence rules for operators placing certain commodities (associated with deforestation and forest degradation) on the EU-market
    • Operators must collect geographic coordinates of the land where the commodities they place on the market were produced in
    • A benchmarking system will identify countries presenting a low, standard, or high risk of producing such products. The obligations for both operators and authorities will vary based on the country’s risk. Products produced in countries classified as low-risk will have simplified due diligence duties.
  • Other
    • Operations are explicitly required to refrain from placing on the market and export without prior submission of a due diligence statement
Normative scope
  • Human Rights
  • Environment
    • Does not address environmental concerns in general, only those related to deforestation and forest degradation
  • Broad ranging
    • Sector-specific regulation seeking to control commodities associated with deforestation and forest regulation including:
      • soy
      • beef
      • palm oil
      • wood
      • cocoa
      • coffee
      • derived products (including leather, chocolate and furniture)
Value chain scope
  • Own Operations
  • Subsidiaries
  • Direct Suppliers
  • Indirect Suppliers
    • Seeks to cover the entire value chain
  • Full Value Chain
    • Seeks to cover the entire value chain
Company scope
  • Large Companies
    • Traders of the relevant commodities that are large companies are subject to the same due diligence operators as operators
  • SMEs
    • Establishes differentiated obligations for SME traders to collect a record of their suppliers and customers and make this information available to authorities if requested
    • SME traders are dispensed from risk assessment, risk mitigations and due diligence obligations
  • All sectors
    • Operators placing commodities linked to deforestation and forest degradation in the EU market
Administrative enforcement
  • Monitoring
    • Enforcing authorities will monitor and inspect compliance with the regulation’s requirements
    • Higher inspection levels for high-risk countries
    • Article 24 provides rules on control of the relevant commodities placed under the customs procedure (release for free circulation)
    • The enforcing authority must respond to substantiated concerns raised by civil society
  • Administrative Sanctions
    • Dissuasive sanctions/penalties for noncompliance including fines, confiscation of commodities and products, confiscation of revenues, suspension or prohibition of relevant economic activities and exclusion from public procurement
    • Fines will depend on the operator’s or trader’s annual turnover
Judicial enforcement
  • Civil Liability
  • Facilitating Access to Justice
    • Article 30 of the proposal enables judicial review of administrative decisions, actions, and omissions

More information

  • Entered into force on 29 June 2023
Law

Regulation of the European Parliament and of the Council on the 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

European Union
November 17, 2021
Area EU Law
Reporting
Due diligence
Due diligence and remedy