Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 has been published in the EU Official Journal dated 9 June 2023 and numbered L 150 and will enter into force 20 days after its publication.
The regulation sets mandatory due diligence rules for all operators and traders who place, make available or export the following commodities from the EU market: palm oil, cattle, wood, coffee, cocoa, rubber and soy.
The regulation sets a cut-off date for the new rules on 31 December 2020, meaning that only products that have been produced on land that has not been subject to deforestation or forest degradation after 31 December 2020 will be allowed on the EU market or to be exported from the EU.
The regulation creates a benchmarking system, which assigns a level of risk related to deforestation and forest degradation (low, standard or high) to countries within and outside the EU. Competent authorities will have to carry out checks on 9% of operators and traders trading products from high-risk countries, 3% from standard-risk countries and 1% from low-risk countries, in order to verify that they effectively fulfil the obligations laid down in the regulation.
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