BAKGRUNN (fra kommisjonsforslaget 2.10.2024)

Reasons for and objectives of the proposal

Regulation (EU) 2023/1115 1 lays down rules regarding the placing and making available on the Union market as well as the export from the Union of relevant products, as listed in its Annex I, that contain, have been fed with or have been made using relevant commodities, namely cattle, cocoa, coffee, oil palm, rubber, soya and wood. In particular, it aims to ensure that those commodities and relevant products are placed or made available on the Union market or exported, only if they are deforestation-free, have been produced in accordance with the relevant legislation of the country of production and covered by a due diligence statement. Most of the provisions of that Regulation are to be applied as of 30 December 2024.

To ensure that Regulation (EU) 2023/1115 achieves its objectives, operators and traders making available on the market or exporting relevant products are to exercise due diligence in order to prove that the relevant products comply with the requirements of that Regulation. Operators are responsible for a thorough examination and analysis of their own business activities, which primarily requires the collection of data that are relevant to Regulation (EU) 2023/1115, and appropriate documentation supporting them, from each particular supplier.

The Commission considers that the date of application of the provisions of Regulation (EU) 2023/1115 that lay down obligations on operators, traders and competent authorities, listed in Article 38(2) of that Regulation, should be postponed by 12 months to allow Member States, exporting partner countries, operators and traders to be better prepared and for the latter, to fully establish the necessary due diligence systems covering all relevant commodities and products, as laid down in Regulation (EU) 2023/1115. The extended timeline will also allow for further engagement with third countries, where relevant, several of which have expressed concerns related to the too short implementation time.

Consistency with existing policy provisions in the policy area

In the 2019 Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests 2 the Commission committed to “assess additional demand side regulatory and non-regulatory measures to ensure a level playing field and a common understanding of deforestation free supply chains, in order to increase supply chain transparency and minimise the risk of deforestation and forest degradation associated with commodity imports in the EU”. This commitment was then confirmed in the European Green Deal, 3 as well as the 2030 EU Biodiversity Strategy 4 and the Farm to Fork Strategy 5 , the latter two announcing a corresponding legislative proposal in 2021. The adoption of Regulation (EU) 2023/1115 was an integral part of and coherent with the overall objectives of the European Green Deal and all the initiatives developed thereunder.

This proposal does not amend any substantive rules of Regulation (EU) 2023/1115 but merely aims to accord additional time needed for operators, traders and competent authorities to prepare for compliance with obligations provided therein. While all the elements required for its implementation are technically ready, the proposal responds to concerns expressed in the EU and by international partners by providing additional time for operators and traders to make necessary adjustments in order to minimise the impact on business complying with the objectives of the Regulation.