EU provides guidance on compliance

With Regulation 2023/1115 (Deforestation) and discusses postponing the entry into force of the regulation.

by Campos Mello Advogados, in cooperation with DLA Piper

In May 2023, the Council of the European Union (“EU”) approved Regulation No. 2023/1115, which now regulates specific rules aimed at prohibiting the introduction into the EU market of certain commodity products (such as dairies, cocoa, coffee, palm oil, soybeans, timber and rubber) and derived products (such as leather, chocolate, furniture, charcoal, printed paper products, palm oil derivatives) that are associated with deforestation and forest degradation. Regulation No. 2023/1115 establishes that companies introducing such products into the EU must now submit an audit declaration ( due diligence ), in addition to verifiable information, in order to certify that the products have no relation to areas deforested after 2020.

Countries such as Brazil, United States, Argentina, Bolivia, Colombia, Côte d`Ivoire, Ecuador, Ghana, Guatemala, Honduras, Indonesia, Malaysia, Mexico, Nigeria, Paraguay, Peru, Dominican Republic and Thailand had already requested the postponement of the start of the requirements of Regulation No. 2023/1115.

After several discussions regarding the regulation and practical aspects of complying with Regulation No. 2023/1115, today, the Council of the European Union issued new guidelines on the application of the standard, as well as submitted a proposal to postpone the entry into force of Regulation No. 2023/1115 for another 12 (twelve) months, starting on December 30, 2025.

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