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MEPs’ vote ‘complicates’ deforestation rules
Lawyers at A&L Goodbody (ALG) say that a recent vote by MEPs has complicated the process of introducing new EU rules on deforestation-free products.
The proposed rules are aimed at stopping imports of goods that are linked to deforestation.
ALG lawyers note that the EU regulation on the issue had been due to apply across the EU from 30 December 2024, and from 30 June 2025 for micro and small entities.
Postponement
The European Commission, however, proposed in September last year that the application of the rules should be delayed by a year.
EU leaders approved the extension, and the European Parliament had been expected to follow suit.
The ALG lawyers note that, while MEPs also voted to approve the one-year postponement, they went further than expected and voted to back amendments to the regulation.
‘No risk’ category
The firm says that the most significant of these amendments is a proposal to introduce a new category of ‘no risk’ countries to the regulation's country benchmarking system.
This additional category would be in addition to the existing three categories of 'low', 'standard' and 'high' risk of deforestation.
Countries classified as 'no risk' – defined as countries with “stable or increasing forest area development” – would face significantly less stringent requirements under the regulation.
“These amendments were not proposed by the commission, and potentially complicate what was intended to be a simple act of postponement,” ALG states.
Speed
The EU Council and European Parliament must now enter negotiations with the commission on the amendments.
“This will need to be done at some speed to ensure everything is agreed before the end of the year,” the ALG note says.
It adds that, while some EU governments had been vocal in their opposition to the regulation, the understanding was that only a delay was on the table and that the regulation was not up for renegotiation.
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