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EU agrees to law that promotes deforestation-free supply chains

09 Dec '22
3 min read
European Union legislators. Pic: Virginijus Sinkevicius, Commissioner for European Commission/Twitter
European Union legislators. Pic: Virginijus Sinkevicius, Commissioner for European Commission/Twitter

The European parliament and council have agreed on a new law that fights global deforestation and forest degradation driven by European Union (EU) production and consumption. The law, once adopted and applied, will ensure that a set of goods sold in the EU market do not contribute to deforestation and forest degradation in the EU or anywhere else in the world.

This major agreement is a part of the European Green Deal and was announced just before the start of the milestone Conference on Biodiversity (COP15) that aims to define protection goals for nature for decades to come.

The political agreement comes just 12 months after the European Commission's 2021 proposal. The final version builds on the core features proposed by the commission, namely: tackling deforestation regardless of whether it is legal or illegal; strict traceability requirements linking the commodities to the farmland where they were produced; and a country benchmarking system, the European Council said in a press release.

Operators and traders will have to prove that the products are both deforestation-free (produced on land that was not subject to deforestation after 31 December 2020) and legal (compliant with all relevant applicable laws in force in the country of production).

Companies will also be required to collect precise geographical information on the farmland where the commodities that they source have been grown, so that these commodities can be checked for compliance. Member states need to make sure that not complying with the rules leads to effective and dissuasive penalties, according to the press release.

The list of commodities that are covered will be regularly reviewed and updated, taking into account new data such as changing deforestation patterns.

The commission will run a benchmarking system that will assess countries or parts thereof and their level of risk of deforestation and forest degradation — a high, standard or low risk — also taking into consideration agricultural expansion for the production of the seven commodities and derived products. Obligations for companies will depend on the level of risk. This will also help guide the EU's work together with partner countries on halting deforestation, while also paying particular attention to the situation of local communities and indigenous people.

When the new rules enter into force, all relevant companies will have to conduct strict due diligence if they place on the EU market, or export from it: palm oil, cattle, soy, coffee, cocoa, timber, and rubber as well as derived products (such as beef, furniture, or chocolate). These commodities have been chosen on the basis of a thorough impact assessment identifying them as the main driver of deforestation due to agricultural expansion.

Internationally, the EU will step up its engagement, both bilaterally with producer and consumer countries and in relevant multilateral fora, to ensure the new law is effectively implemented and to assist producer countries where necessary. The new rules will not only reduce greenhouse gas emissions and biodiversity loss, but also help secure the livelihoods of millions of people, including indigenous peoples and local communities across the world, who rely heavily on forest ecosystems.

The European parliament and council will now formally have to adopt the new regulation before it can enter into force. Once the regulation is in force, operators and traders will have 18 months to implement the new rules. Micro and small enterprises will enjoy a longer adaptation period, as well as other specific provisions.

Fibre2Fashion News Desk (DP)

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