Changes between two versions
What changed between the adopted text of 14 Nov 2024 and the adopted text of 17 Dec 2024
From · adopted text· 14 Nov 2024
Deforestation Regulation: provisions relating to the date of application
To · adopted text· 17 Dec 2024
Deforestation Regulation: provisions relating to the date of application
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 1
Change 1
Removed:Article 1 − paragraph 1 − point -1 (new), Recital 68: (-1) Recital 68 is replaced by the following: / ‘(68) Furthermore, the Commission should assess the deforestation and forest degradation risk at the level of a country or parts thereof based on a range of criteria that reflect quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. Such benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help to make supply chains more transparent and sustainable. The benchmarking system should be based on a four-tier system for classification of countries as low, standard, high or no risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant products from low-risk countries or parts thereof operators should be allowed to exercise simplified due diligence. For relevant products from high-risk countries or parts thereof competent authorities should be required to apply enhanced scrutiny. Relevant products from no-risk countries and parts ther…
Removed:Regulation (EU) 2023/1115
Removed:Article 1 − paragraph 1 − point -1 a (new, Recital 86: (-1a) Recital 86 is replaced by the following: / ‘(86) Operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation. In the period before the date of application, and in order to avoid any delays, the Commission should prioritise the optimisation of the platform for the exchange of information between the relevant stakeholders and the competent authorities. The Commission also undertakes to publish the risk classification so that the relevant stakeholders can prepare for the defined mandatory scope of this Regulation. Both the platform for the exchange of information and the risk classification should be available and fully functioning at least six months before the date of application. In the event of further delays, the date of application should be postponed accordingly.’
Removed:Regulation (EU) 2023/1115
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Removed:Article 1 − paragraph 1 − point -1 b (new), Article 3 − introductory part: (-1b) in Article 3 , the introductory part is replaced by the following: / ‘1. Relevant commodities and relevant products from countries or parts thereof, that present a low, standard or high risk in accordance with Article 29 shall not be placed or made available on the market or exported, unless all the following conditions are fulfilled:’
Added:– after consulting the Committee of the Regions,
Removed:Regulation (EU) 2023/1115
Removed:Article 1 − paragraph 1 − point -1 c (new), Article 3 − paragraph 1 a (new): (-1c) in Article 3, the following paragraph is added: / ‘1a. Relevant commodities and relevant products from countries or parts thereof that present no risk in accordance with Article 29 shall not be placed or made available on the market or exported unless all the following conditions are fulfilled: / (a) they have been produced in accordance with the relevant legislation of the country of production; and / (b) they fulfil the documentation requirements laid down in Article 5(1a).’
Removed:Regulation (EU) 2023/1115
Removed:Article 1 − paragraph 1 − point -1 d(new), Article 4 − paragraph 10 a (new): (-1d) in Article 4, the following paragraph is added: / ‘10a. By way of derogation from paragraphs 1 to 10 of this Article, operators that place or make available on the market or export relevant commodities and relevant products produced in countries or parts thereof that present no risk in accordance with Article 29 shall only be required to fulfil the documentation requirements laid down in Article 5(1a). For relevant products and parts of relevant products that have been produced in countries or parts thereof that present no risk in accordance with Article 29, operators shall exercise due diligence in accordance with paragraph 1 of this Article.’
Added:2. Takes note of the statement by the Commission annexed to this resolution;
Removed:Regulation (EU) 2023/1115
Removed:Article 1 − paragraph 1 − point -1 e (new), Article 5 − paragraph 1 a (new): (-1e) in Article 5, the following paragraph is inserted: / ‘1a. Operators that place or make available on the market or export relevant commodities and relevant products produced in countries or parts thereof that present no risk in accordance with Article 29 shall fulfil the documentation requirements by making the following documents available to the competent authorities upon request: / (a) trade name and type of the relevant products; / (b) the quantity of the relevant products; / (c) the country of production and, where relevant, parts thereof; / (d) the name, postal address and email address of any business or person from whom they have been supplied with the relevant products; / (e) the name, postal address and email address of any business, operator or trader to whom the relevant products have been supplied; / (f) adequately conclusive and verifiable information that the relevant products are free of forest degradation; / (g) adequately conclusive and verifiable information that the relevant commodities have been produced in accordance with the relevant legislation of the country of production.’
Removed:Regulation (EU) 2023/1115
Added:P10_TC1-COD(2024)0249
Removed:Article 1 – paragraph 1 – point -1 f (new), Article 16 – paragraph 10 a (new): (-1f) in Article 16, the following paragraph is inserted: / ‘10a. Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 0,1 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant commodities produced in a country or parts thereof classified as no risk in accordance with Article 29.’
Added:Position of the European Parliament adopted at first reading on 17 December 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council amending Regulation (EU) 2023/1115 as regards provisions relating to the date of application
Removed:Regulation (EU) 2023/1115
Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/3234.)
Removed:Article 1 – paragraph 1 – point -1 g (new), Article 29 – paragraph 1: (-1g) in Article 29, paragraph 1 is replaced by the following: / ‘1. This Regulation establishes a four-tier system for the assessment of countries or parts thereof. For that purpose, Member States and third countries, or parts thereof, shall be classified into one of the following risk categories: / (c) ‘standard risk’ refers to countries or parts thereof which do not fall in either the category ‘high risk’, ‘low risk’ or the category ‘no risk; / (ca) ‘no risk’ refers to countries or parts thereof that meet the following assessment criteria: / (i) forest area development has remained stable or has increased compared to 1990; / (ii) the Paris Agreement and international conventions on human rights and on preventing deforestation have been signed by those countries and parts thereof; / (iii) regulations on preventing deforestation and forest conservation at national level are strictly implemented and enforced in full transparency and monitored.’
Added:ANNEX TO THE LEGISLATIVE RESOLUTION
Added:Commission statement on the occasion of the adoption of Regulation (EU) 2024/3234 of the European Parliament and of the Council of 19 December 2024 amending Regulation (EU) 2023/1115 as regards provisions relating to the date of application
Added:The Commission remains committed to easing the burden on businesses by reducing administrative requirements and eliminating unnecessary bureaucratic burdens.
Added:To achieve this in relation to Regulation (EU) 2023/1115, the Commission will provide further clarifications and explore additional simplifications, and streamline reporting and documentation obligations, to keep them to a necessary minimum, in full compliance with the objectives of the Regulation. To this effect and to address these issues, the Commission will publish an updated edition of the Guidelines and Frequently Asked Questions. The Commission will also continue responding to feedback from stakeholders and Member States, assisting the traders and operators in implementation, in particular with regard to the obligation to submit due diligence statements throughout the value chain.
Added:In order to allow traders and operators, in collaboration with competent authorities, to be in a position to meet the requirements of the Regulation, the Commission is prioritising the operationalization of the Information System. The benchmarking risk categorisation is also key to ensure predictability in the application of the Regulation for operators, traders, producing countries and competent authorities. The Commission strongly commits to ensure that both the Information System and the proposal for the risk classification should be available as soon as possible but no later than six months before the Regulation enters into application.
Added:In the context of the general review of the Regulation, expected no later than 30 June 2028, the Commission will analyse, based where appropriate on an impact assessment, additional measures to simplify and reduce the administrative burden. This analysis will include the need for and the feasibility of reduced requirements in relation to sourcing from countries and parts thereof that have achieved positive results in line with the objectives of the Regulation.