EU: Deforestation FAQ
- Arne Mielken
- Apr 27, 2024
- 4 min read
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Are you struggling to navigate the intricate landscape of the EU Deforestation Regulation? Look no further! Our meticulously curated FAQ guide provides all the answers you need to ensure compliance and peace of mind.
With expertly crafted responses to over 80 essential questions, our guide covers everything from defining operator roles to understanding due diligence obligations and exploring benchmarking methodologies. Whether you're a seasoned professional or new to the regulatory scene, our FAQ guide equips you with the knowledge and insights necessary to thrive in today's regulatory environment.
Don't let confusion hold you back from compliance excellence. Download our FAQ guide now and take the first step towards mastering the EU Deforestation Regulation. Your journey to regulatory clarity starts here!
In this document, we address various questions and concerns that operators, importers, traders, and other stakeholders may encounter while striving to comply with this impactful regulation. With enforcement on the horizon, understanding the intricacies of traceability, scope, obligations, definitions, due diligence, benchmarking, timelines, and other relevant subjects is essential for ensuring compliance and sustainability. Below is a table of contents outlining the topics covered in this FAQ, providing valuable insights and guidance for navigating the complexities of the EU Deforestation Regulation effectively.
Some of the questions we cover
Traceability
- Why and how must operators collect coordinates?
- Should all commodities (imported, exported, traded) be traceable?
- How does it work for bulk-traded or composite products?
- Are mass balance chains of custody allowed?
- What if part of a product is non-compliant?
- What does ‘plot of land’ mean?
- What are the rules for land that is not real-estate?
- What if property registers or titles are unavailable?
- Can an operator use the producer’s geolocation data?
- Should operators verify the geo-location?
- Should due diligence be repeated for products from the same land?
- Can a polygon cover several plots of land?
- Should polygons be provided by means of circumference?
- How should the origin of mixed goods be declared?
- Can operators include land that did not produce the commodity?
- How will geolocation allow claims to be checked in practice?
- How will the EU check the validity of a no-deforestation claim?
- Will Competent Authorities use the definitions from the Regulation?
- How should polygons in shapefile format be declared?
- What is supply chain traceability?
- How will traceability work for products from multiple countries?
- What is the ‘date or time range of production’?
- How does traceability work for cattle?
- What if upstream suppliers do not provide required information?
- Should coordinates be provided for land in low-risk countries?
- Does the legality requirement apply for deforestation-free land?
- Are there obligations for non-EU countries?
Scope
- What products are included in the Regulation?
- What about listed products that do not contain listed commodities?
- Does the regulation apply regardless of quantity or value?
- What about products produced in the EU?
- How does the regulation apply to wood used for packaging?
- Does all recycled paper/paperboard fall under the scope?
- What are CN and HS Codes and how should they be used?
Subjects of Obligations
- Who is considered an operator?
- What does “in the course of commercial activity” mean?
- What does ‘relevant legislation of the country of production’ mean?
- What are the obligations of operators further down the supply chain?
- How does the regulation apply to exports?
- Which companies are non-SME traders and what are their obligations?
- Who is liable in case of a breach of the Regulation?
- Who is the operator in the case of standing trees or harvesting rights?
Definitions
- What does ‘global deforestation’ mean?
- Which criteria does wood need to comply with?
- What are the compliant harvesting levels?
- Will “forest degradation” affect existing sustainable forest management systems?
- How to apply “trees able to reach those thresholds in situ”?
- Which forest land use change is compliant?
- Would a natural disaster count as deforestation?
- Will ‘other wooded land’ or other ecosystems be included?
Due Diligence
- What are my obligations as an EU operator?
- What is an 'authorized representative’?
- Can companies conduct due diligence on behalf of subsidiaries?
- What about re-importing a product?
- Which customs procedures are affected?
- What is the role of certification or verification schemes?
- How long should documentation be kept?
- What are the criteria for ‘negligible risk products’?
- Are ‘negligible risk products’ exempt?
- Could certain commodities from a given country be considered ‘negligible risk’?
Benchmarking and Partnerships
- What is country benchmarking?
- What is the methodology?
- How can stakeholders contribute?
- Can countries share relevant data with the Commission?
- Will legality risks be considered?
- What support is provided for producer countries and smallholders?
- What are the different elements of the Team Europe initiative?
- How does the Team Europe initiative relate to the CSDDD?
- How can we mitigate the risk of false 'high risk' benchmarking?
- How will the EU ensure transparency?
Supporting Implementation
- What is the Information System and the 'EU Single Window'?
- What data security safeguards will they have?
- How can operators and traders register?
- Can the system store frequently used data?
- Can the system help farmers identify their geolocation?
- Can a due diligent statement be amended?
Timelines
- When does it enter into force and into application?
- What about the period between these dates?
- How to prove that the product was produced before the Regulation entered into force?
- What are the obligations for operators and non-SME traders when they place on the market or export a relevant product which is made of a relevant product or a relevant commodity that was placed on the market during the transitional period?
Other Questions
- Will the Commission issue guidelines?
- Will the Commission issue commodity-specific guidelines?
- What are the reporting obligations for operators?
- What is the EU Observatory on deforestation and forest degradation?
- What constitutes high-risk, and how long can a suspension take place?
- How does the Regulation link to the EU Renewable Energy Directive?
Traceability
- Why and how must operators collect coordinates?
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