Green Forum • 8 October, 2024 at 7:00 PM
The European Commission published additional guidance documents and a stronger international cooperation framework to support global stakeholders, Member States, and third countries in their preparations for the implementation of the EU Deforestation Regulation.
Given feedback received from international partners about their state of preparations, the Commission also proposes to give concerned parties additional time to prepare. If approved by the European Parliament and the Council, it would make the law applicable on 30 December 2025 for large companies and 30 June 2026 for micro- and small enterprises. Since all the implementation tools are technically ready, the extra 12 months can serve as a phasing-in period to ensure proper and effective implementation.
The guidance presented today will provide additional clarity to companies and enforcing authorities to facilitate the application of the rules, coming on top of the Commission's continuous support for stakeholders since the law's adoption. At the same time, the Commission recognises that three months ahead of the intended implementation date, several global partners have repeatedly expressed concerns about their state of preparedness, most recently during the United Nations General Assembly week in New York. Moreover, the state of preparations amongst stakeholders in Europe is also uneven. While many expect to be ready in time, thanks to intensive preparations, others have expressed concerns.
Given the EUDR's novel character, the swift calendar, and the variety of international stakeholders involved, the Commission considers that a 12-month additional time to phase in the system is a balanced solution to support operators around the world in securing a smooth implementation from the start. With this step, the Commission aims to provide certainty about the way forward and to ensure the success of the EUDR, which is paramount to address the EU's contribution to the pressing global issue of deforestation. The extension proposal in no way puts into question the objectives or the substance of the law, as agreed by the EU co-legislators.
Additional guidance for effective and pragmatic implementation
The guidance documents presented today make good on the Commission's commitment to provide a reference of the recent collaborative efforts, involving stakeholders and competent authorities, to help ensure uniform interpretation of the law.
Key areas covered include details on the functionalities of the Information System, updates on penalties, and clarifications on critical definitions such as ‘forest degradation', ‘operator' in the scope of the law, and ‘placing on the market'. There is also further guidance on traceability obligations.
The guidance is divided into 11 chapters covering a diverse range of issues such as legality requirements, timeframe of application, agricultural use, and clarifications on the product scope. All of these are supported by tangible scenarios. In addition, the latest FAQ, also published today, features over 40 new additional answers to address questions raised by a diverse range of stakeholders from around the world.
Micro- and small companies benefit from a lighter regime, which is also detailed on a new dedicated webpage.