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
Documentation
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
AreaEU Law
Reporting
Due diligence
Due diligence and remedy
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