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 export from the Union of certain commodities and products associated with deforestation and forest degradation, and repealing Regulation (EU) No 995/2010 (EUDR) was published in the Official Journal of the EU on 9 June 2023.
The products affected by the ban are:
- All types of livestock (cattle, pigs, poultry, etc.)
- Cocoa
- The coffee
- Oil palm (palm oil and palm derivatives)
- Soybeans
- Wood and printed paper products
- Rubber
The objective is to minimise the European Union's contribution to deforestation and forest degradation by prohibiting the placing on the market, making available and export of the commodities and products in question.
The regulation provides for the common obligation of operators and traders to place a product on the market only if all of the following conditions are met:
- The product in question is said to be “zero deforestation” if it contains relevant commodities that were produced on land that was not subject to deforestation activities after December 31, 2020, or manufactured from such commodities.
- The product in question was manufactured in accordance with the relevant legislation of the country of production.
- The product in question has been the subject of a due diligence declaration
The operator (manufacturers and importers of these commodities and products) is obliged to implement a due diligence procedure to ensure that the product does not come from deforested land.
This due diligence procedure consists of 3 phases:
- Collection of information relating to the product in question:
-The description containing the trade name and type of basic products.
-The quantity of commodities and products in question.
-Identification of the country of production.
-The name, email address and address of any company or person from whom they obtained or were supplied with the relevant commodities or products.
-Sufficient and verifiable information attesting that the commodities and products in question are “zero deforestation”.
-Sufficient and verifiable information attesting that production was carried out in accordance with the relevant legislation of the country of production, including any agreement granting the right to use the area concerned for the production of the commodity in question.
-Geolocation of the entire production area with the date or production period.
- Risk assessment:
Operators shall carry out a risk assessment to determine whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market do not comply with the requirements of this Regulation.
- Its mitigation to achieve zero or negligible risk.
Operators must put in place adequate and proportionate controls and procedures to effectively mitigate and manage non-compliance risks.
These include: Risk management, reporting, internal controls and compliance management templates.
For manufacturers of finished products, they are not regulated by due diligence and reporting requirements. They are not considered operators. However, in general, it is advisable to verify the traceability of the raw materials used and the associated good production practices, whether for a duty of care or to ensure the sustainability of supply sources (which will be impacted in the event of non-compliance, etc.).
Application deadline:
- Application on December 30, 2025, for the requirements applicable to operators and traders (instead of December 30, 2024 initially planned)
- Application on June 30, 2026 for microenterprises and small businesses (instead of June 30, 2025 initially planned)
If you would like to know more about our Quality Management System at Néo Cosmetique, click here: https://www.neo-cosmetique.fr/qualite/
Sources
COSMED: EU – European Regulation (EU) No. 2023/1115 on combating imported deforestation June 2023