(fra kommisjonsforordningen)

(1) Regulation (EU) 2023/1115 lays down rules to minimise the Union’s contribution to deforestation and forest degradation worldwide by imposing due diligence obligations on operators and traders placing on, making available on, or exporting from the Union market relevant commodities and products, namely cattle, cocoa, coffee, oil palm, rubber, soya and wood.

(2) The risk that products that are placed or made available on the market or exported are not deforestation-free varies depending on the commodity or product’s country of origin and production. Operators and traders sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities and products that do not comply with Regulation (EU) 2023/1115 are to be subject to simplified due diligence obligationsin accordance with Article 13 of that Regulation.

(3) All countries were assigned a standard level of risk upon entry into force of Regulation (EU) 2023/1115. However, the Commission has to assess the risk of producing relevant commodities for which the relevant product does not comply with the condition of being deforestation-free at the level of a country or parts thereof and to classify and list the countries as high risk or low risk countries.

(4) Member States and third countries or parts thereof are to be classified based on an objective and transparent assessment by the Commission, taking into account the latest scientific evidence and internationally recognised sources. The classification is to be based primarily on the latest quantitative internationally recognised data, as referred to in Article 29(3), points (a), (b) and (c), of Regulation (EU) 2023/1115. The classification relies on the latest scientific evidence and internationally recognised data, primarily from the Global Forest Resources Assessment by the Food and Agriculture Organization of the United Nations. The classification takes into account other criteria as listed in Article 29(4), points (a), (b), (c), (d) and (e), of Regulation (EU) 2023/1115. The Annex to the Commission’s Communication on the Strategic Framework for International Cooperation Engagement in the context of Regulation (EU) 2023/1115 outlines the general principles of the benchmarking methodology. It mentions that a large majority of countries worldwide will be classified as low risk, giving the opportunity to focus collective efforts and resources to protect forests in those geographic areas where deforestation challenges are more acute, creating achievable targets for countries that need improvement and reducing costs for operators.

(5) The principles underlying the methodology have been set out in the Commission Staff Working Document (SWD). The document provides a detailed explanation of how the list has been established, in accordance with the principles outlined in Article 29 of Regulation EU 2023/1115 and in the Annex to the Commission’s Communication on the Strategic Framework for International Cooperation Engagement in the context of Regulation (EU) 2023/1115. It specifies the nature and sources of the data used and the methodology for both quantitative and qualitative assessment. This ensures transparency, objectivity, and consistency with the Commission’s approach, thereby reinforcing the robustness and credibility of the outcome.

(6) The classification is to serve as a basis for the risk-based approach whereby the competent authorities carry out checks on operators and traders covering the due diligence systems and the compliance of the relevant products with Regulation (EU) 2023/1115 in accordance with Article 16(3) of that Regulation and to clarify in which cases operators and traders can make use of the simplified due diligence pursuant to Article 13 of Regulation (EU) 2023/1115. The classification is also to be taken into account in operators and traders risk assessment pursuant to Article 10(2), point (a), of Regulation (EU) 2023/1115.

(7) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 36(1) of Regulation (EU) 2023/1115,