Deforestation Regulation: certain obligations of operators and traders
The European Parliament adopted by 402 votes to 211, with 11 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2023/1115 as regards certain obligations of operators and traders.
The issue was referred back to relevant committee for interinstitutional negotiations.
As a reminder, the proposal aims to simplify certain reporting obligations and align timelines while preserving the objectives of Regulation (EU) 2023/1115 on the making available on the Union market and export from the Union of certain basic products and products associated with deforestation and forest degradation.
One-year postponement for all companies
According to Parliament, companies will have an additional year to comply with the new rules aimed at preventing deforestation. Large operators and traders will now have to comply with the obligations of the deforestation regulation from 30 December 2026, and micro and small enterprises from 30 June 2027. This extension is necessary to allow third countries, Member States, operators, and traders to be fully prepared, and in particular to allow these operators and traders to put in place the necessary due diligence systems covering all relevant commodities and products, so that they can fully comply with their obligations.
Simplification of due diligence statements
The amended text stipulates the first downstream operators or traders (not all operators), whether or not they are SMEs, should continue to ensure full traceability by collecting reference numbers of due diligence statements and declaration identifiers assigned to micro and small producers. This obligation to collect and keep reference numbers should only apply to the first down-stream operator and should not apply to all others down-stream operators further down in the supply chain.
The amendments made by the Members will also reduce the obligations of micro and small primary operators, who will now only have to submit a one-time simplified declaration.
As part of the simplification efforts, the administrative burden resulting from the obligations for micro and small primary operators to submit a one-time simplified declaration and to collect information should be reduced by allowing them to replace the geolocation of plots of land by the postal address of the plots of land or of the establishment from where the relevant commodities that the relevant product contains, or has been made using, were produced, provided that the postal address clearly corresponds to the geographic location of the plots or establishment concerned. This gives micro and small primary operators the free choice of providing either the geolocation of the plots of land or the postal address of the plots of land or of respective establishment.
Review
By 30 April 2026, the Commission will carry out a simplification review of this Regulation. This report should evaluate the administrative burden and impact of the regulation, particularly on micro and small operators. Furthermore, the Commission should outline possible ways to address the identified issues, including through technical guidelines, improvements to the IT system, delegated or implementing acts, and, where appropriate, include a legislative proposal with the report.
The Commission will establish a permanent stakeholder group and shall ensure continued exchange with experts, stakeholders and operators to develop best practices and collect technical feedback after the entry into application of the Regulation.