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 and repealing Regulation (EU) No 995/2010.
Country
Type of law
Legislation
Abstract
This Regulation promotes the placing and making available on the Union market as well as the export from the Union of ‘deforestation-free’ products, with a view to: (a) minimizing the Union’s contribution to deforestation and forest degradation worldwide, and thereby contributing to a reduction in global deforestation; and (b) reducing the Union’s contribution to greenhouse gas emissions and global biodiversity loss. This Regulation sets out the obligations concerning relevant commodities and relevant products in order to effectively combat deforestation and forest degradation, and to promote deforestation-free supply chains, while taking into account the protection of human rights and the rights of indigenous peoples and local communities, both in the Union and in third countries. Article 3 allows the placing and making available on the Union market or exporting of relevant commodities and relevant products, only if they are (I) deforestation-free; (II) produced in accordance with the relevant legislation of the country of production; and (III) covered by a due diligence statement. Annex I lists relevant products that contain, have been fed with or have been made using relevant commodities, namely cattle, cocoa, coffee, oil palm, rubber, soya and wood, and Annex II sets out the information to be contained in the due diligence statement.
This Regulation lays down rules on the obligations of operators and traders; information requirements to ensure the transparency of the supply chain of relevant products; risk assessment and mitigation; establishment and maintenance of due diligence systems, reporting and record keeping in Chapter 2; obligations of member states and their competent authorities, such as carrying out checks and taking immediate actions in case of non-compliance with this Regulation, in Chapter 3; procedures for relevant products entering or leaving the market, including controls, and cooperation and exchange of information among authorities in Chapter 4; country benchmarking system and cooperation with third countries, such as assessment of countries for the classification of risk in Chapter 5; natural or legal persons’ substantiated concerns, and access to justice in Chapter 6; information system in Chapter 7; review including an impact assessment of the relevant commodities on deforestation and forest degradation in Chapter 8; and final provisions in Chapter 9.
This Regulation lays down rules on the obligations of operators and traders; information requirements to ensure the transparency of the supply chain of relevant products; risk assessment and mitigation; establishment and maintenance of due diligence systems, reporting and record keeping in Chapter 2; obligations of member states and their competent authorities, such as carrying out checks and taking immediate actions in case of non-compliance with this Regulation, in Chapter 3; procedures for relevant products entering or leaving the market, including controls, and cooperation and exchange of information among authorities in Chapter 4; country benchmarking system and cooperation with third countries, such as assessment of countries for the classification of risk in Chapter 5; natural or legal persons’ substantiated concerns, and access to justice in Chapter 6; information system in Chapter 7; review including an impact assessment of the relevant commodities on deforestation and forest degradation in Chapter 8; and final provisions in Chapter 9.
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Date of text
Entry into force notes
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Articles 3 to 13, Articles 16 to 24 and Articles 26, 31 and 32 shall apply from 30 December 2024. Except as regards the products covered in the Annex to Regulation (EU) No 995/2010, for operators that by 31 December 2020 were established as micro-undertakings or small undertakings pursuant to Article 3(1) or (2) of Directive 2013/34/EU, respectively, Articles 16 to 24 and Articles 26, 31 and 32 shall apply from 30 June 2025.
Repealed
No
Serial Imprint
Official Journal of the European Union L 150, 9 June 2023, pp. 206-247.
Source language
English
Legislation status
in force
Legislation Amendment
No