The French Presidency of the Council of the EU is determined to obtain a political agreement (‘general approach’) from the EU27 Environment Ministers, on Tuesday 28 June, on the proposed November 2021 regulation to minimise the risk of deforestation and forest degradation associated with products imported into and traded within the EU.
This is due to a compromise, finalised by the French Presidency, which received the support of the Member States’ ambassadors to the EU (Coreper) on Wednesday 22 June. The text will be submitted as is to the last ‘Environment’ Council under the French Presidency for approval.
This compromise, seen by EUROPE, strengthens the Commission’s proposal, in particular with regard to the scope and the human rights provisions. It also clarifies and simplifies the implementation of the future regulation by operators and its compatibility with WTO rules.
Scope. The text includes the six commodities (coffee, cocoa, palm oil, soya, beef and timber) proposed by the Commission, but adds to the scope products derived from these commodities.
It provides that within 2 years of the entry into force of the Regulation - the timeframe for the first review of the Regulation - the feasibility of extending the scope to other commodities and other ecosystems than just forest ecosystems should be assessed. Preparatory work for this review is expected to start as soon as the Regulation enters into force.
The compromise also clarifies the obligations applying to feed for livestock placed on the market or imported into the EU in order to provide operators with sufficient legal certainty.
Definitions. In response to Member States’ requests for clear and robust definitions (see EUROPE 12913/14) and in the absence of an international definition of ‘forest degradation’, the French Presidency proposed a precise and verifiable definition, which focuses, for the time being, on structural changes in forest cover in the form of conversion of primary forest to plantation forest or other wooded land.
The extension of this definition should be addressed in the first review of the text, the compromise says.
Due diligence. In order to simplify the system and to reduce the bureaucratic and financial burden on operators and Member States, the compromise removes duplication of obligations and provides for the possibility, for small operators (SMEs) only, to pool due diligence statements.
The text clarifies the obligations of the competent authorities to control third country traders and operators and provides for controls based on risk analysis, with quantified targets for minimum controls to be put in place for products from high or standard risk countries.
Cooperation with third countries. In order to be compatible with WTO rules, the text clarifies the system of classifying countries into risk categories in order to enhance fairness, transparency, objectivity, predictability and the framework for dialogue with third countries.
Human Rights/Indigenous Peoples. The French Presidency added several references to the UN Declaration on the Rights of Indigenous Peoples to strengthen the consideration of the interests and consequences for indigenous peoples, local communities and small-scale producers.
See the Council’s compromise for a ‘general approach’: https://aeur.eu/f/29e (Original version in French by Aminata Niang)