European Parliament votes through controversial deforestation regulation
21 Apr 2023
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Companies must prove products, including all rubber-based items, are not linked to deforestation
Strasbourg, France – A vast range of products, including those incorporating natural rubber materials, will be banned from sale in the EU without a “due diligence” statement confirming that they are not linked to deforestation.
That’s under a law passed 19 April in the European Parliament (EP) requiring confirmation that “products do not come from deforested land or has led to forest degradation.”
Companies will also have to verify that these products comply with relevant legislation of the country of production, including on human rights.
Products covered by the legislation include: cattle, cocoa, coffee, palm-oil, soya and wood, including products that “contain, have been fed with or have been made using these commodities."
The degree of scrutiny will depend on whether a country or regions is classified as low-, standard- or high-risk, via an “objective and transparent” assessment, within 18 months of this regulation coming into force.
EU authorities will assess information provided by the companies, such as geolocation coordinates, and conduct checks with the help of satellite monitoring tools and DNA analysis to check where products come from.
“Penalties for non-compliance shall be proportionate and dissuasive and the maximum fine must be at least 4% of the total annual turnover in the EU of the non-compliant operator or trader,” added an EP statement.
Despite concerns from industry, farmers and governments in producer countries, rubber was added to the EU regulation following under intense lobbying by environmentalists.
After the vote, rapporteur Christophe Hansen (EPP, LU) said: “I am relieved that European consumers can now rest assured that they will no longer be unwittingly complicit in deforestation when they eat their bar of chocolate or enjoy a well-deserved coffee.”
However, this view seems to ignore the concerns of growers in poorer countries, particularly smallholders who see their livelihoods threatened by the EU’s creation of ‘two-tier agricultural production markets’. (See ERJ report)
The EU regulation now also has to be formally endorsed by Council, before it can be published in the EU Official Journal and enter into force 20 days later.
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