Considerations on COM(2024)452 -

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dossier COM(2024)452 - .
document COM(2024)452
date October  2, 2024
 
1. Regulation (EU) 2023/11159 was adopted to reduce deforestation and forest degradation. It 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.

1. 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 accordance with Article 8 of that Regulation 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.

2. The Commission took important steps to facilitate the application of Regulation (EU) 2023/1115, engaging with Member States and stakeholders. In particular, the Guidance Document for Regulation (EU) 2023/1115 on deforestation-free products provides guidance to operators, traders as well as competent authorities on the main obligations laid down in Regulation (EU) 2023/1115 and clarifies among others the interpretation of the definition of agricultural use, in particular in relation to the conversion of forest to land the purpose of which is not agricultural use, as requested by the European Parliament and the Council.

3. In addition, the Communication on the Strategic Framework for International Cooperation Engagement provides a comprehensive structure for cooperation with third countries to facilitate the implementation of Regulation (EU) 2023/115. It also outlines the general principles the Commission intends to use in the classification of low-risk and high-risk countries (or parts thereof) in accordance with Article 29(3) of Regulation (EU) 2023/1115.

4. Implementing Regulation of [xx 2024] on the functioning of the information system pursuant to Regulation (EU) 2023/1115 provides for an information system and access to it to operators and traders, and if applicable, their authorised representatives, competent authorities, and customs authorities, to implement their respective obligations laid down in the Regulation. Operators and traders thus would be able to register and submit due diligence statements even before the entry into application of Regulation (EU) 2023/1115.

5. 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. This is objectively necessary in order to allow third countries, Member States as well as operators and traders to be fully prepared, including, for the latter to establish the necessary due diligence systems covering all relevant commodities and products, so to be in a position to fully comply with their obligations.

6. In the light of the postponement of the date of application in Article 38(2) of Regulation (EU) 2023/1115 by 12 months, the dates in other interlinked provisions, in particular the repeal of Regulation (EU) No 995/2010, the transitional provisions and the provisions on the deferred application of Regulation (EU) 2023/1115 to micro-undertakings or small undertakings, should be adjusted accordingly.

7. However, to provide operators and traders with the information on assignment of risk to relevant countries of production well in advance before their due diligence obligations start to apply, the date by when the Commission is to classify countries or parts thereof, that present a low or high risk should be postponed only by 6 months.

8. Regulation (EU) 2023/1115 should therefore be amended accordingly.