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Deforestation Regulation: provisions relating to the date of application

TA-10-2024-0031 · P10_TA(2024)0031 · PE765.661

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Parliament's amended version of the Commission proposal to amend Regulation (EU) 2023/1115 on deforestation-free products, changing the rules on when the regulation applies. It replaces the three-tier country risk system with a four-tier one: low, standard, high and no risk. For no-risk countries, operators only have to meet documentation requirements instead of full due diligence, and member states must check at least 0,1 % of such operators each year. The Commission must publish the risk classification and have the information-exchange platform fully working at least six months before the date of application, otherwise that date is postponed.

Key points

  1. Recital 68 is replaced: the Commission must assess deforestation risk at country or sub-country level using quantitative, objective and internationally recognised data.
  2. The benchmarking system changes from a three-tier to a four-tier classification of countries as low, standard, high or no risk.
  3. The Commission must make public the data used for benchmarking, the reasons for a proposed change of classification and the reply of the country concerned.
  4. Operators may use simplified due diligence for products from low-risk countries; competent authorities must apply enhanced checks for products from high-risk countries.
  5. Recital 86 is replaced: the Commission must prioritise optimising the information-exchange platform and publish the risk classification before the date of application.
  6. The platform and the risk classification must be available and fully functioning at least six months before the date of application; if there are further delays, the date of application is postponed accordingly.
  7. Article 3 is amended so that relevant commodities and products from low, standard or high risk countries may not be placed on the market or exported unless all conditions are fulfilled.
  8. A new Article 3(1a) bans placing on the market or exporting commodities and products from no-risk countries unless they were produced under the relevant legislation of the country of production and meet the documentation requirements of Article 5(1a).
  9. A new Article 4(10a) requires operators of no-risk products to fulfil only the documentation requirements of Article 5(1a), but due diligence still applies to relevant products and parts of products produced in no-risk countries.
  10. A new Article 5(1a) lists the documents operators of no-risk products must make available to competent authorities on request, including trade name, quantity, country of production, supplier and recipient details, and verifiable information on forest degradation and legality.
  11. A new Article 16(10a) requires each member state to ensure annual checks cover at least 0,1 % of operators placing on the market or exporting relevant products from no-risk countries.
  12. Article 29(1) is replaced: the four-tier system classifies countries as high, low, standard or no risk, with no-risk countries meeting criteria on stable or increased forest area since 1990, signing the Paris Agreement and human rights and deforestation conventions, and strictly enforcing national deforestation rules.

Who is affected

  • Operators and traders placing relevant commodities and products on the EU market or exporting them, who face new documentation and due diligence rules.
  • Competent authorities in member states, which must carry out annual checks on at least 0,1 % of operators of no-risk products.
  • The Commission, which must publish risk classifications and ensure the information-exchange platform works before the date of application.
  • Third countries and member states, which are classified into low, standard, high or no risk categories.

Figures and deadlines

  • At least 0,1 % of operators placing on the market or exporting relevant products from no-risk countries must be checked annually.
  • The information platform and risk classification must be available and fully functioning at least six months before the date of application.
  • No-risk classification requires forest area development to have remained stable or increased compared to 1990.