Considerations on the objectives of the eu regulation on trade in commodities and products associated with deforestation and forest degradation

Abstract

Regulation (EU) 2023/1115 of the European Parliament and of the Council of May 31, 2023, regulates (art. 1) the marketing on the Union market and the export from the Union of certain raw materials and products associated with the deforestation and forest degradation such as: cattle, cocoa, coffee, oil palm, rubber, soybeans and wood. In the same article the objectives are expressed: a) to minimize the Union's contribution to deforestation and forest degradation throughout the world and thus contribute to reducing global deforestation; and b) reduce the Union's contribution to greenhouse gas emissions and global biodiversity loss. This Regulation was the subject of various criticisms and assessments, e.g. Within the framework of the Trade and Environment Committee of the World Trade Organization (WTO), different countries issued a Communication (2023) where they expressed their concern regarding the existence of many aspects of European regulation that are not clear or that require a complementary regulation; Therefore, the effective period that operators and all agents that are part of these chains will have to implement the necessary adjustments for compliance will be much shorter than the period of 18 months established in the standard for its implementation. Likewise, the countries will have, in principle, a unilateral rating on the level of deforestation risk, whose specific criteria and methodology have not been communicated or coordinated with the potential affected countries, among others. For its part, the EU stated that the Regulation does not imply an extraterritorial application of measures, given that compliance with said regulation is only required for products that are intended to be "made available on the Union market." For others, this is a rule against “imported deforestation”.