Sustainable development

Deforestation, Brussels aims at another postponement of rules

The announcement by the Environment Commissioner but needs the green light from Europarliament and the Council. Expectations are also growing for new simplifications

by Chiara Bussi

La regione di Santarem

4' min read

Translated by AI
Versione italiana

Key points

  • The objective of the regulation
  • Requests for flexibility
  • Opportunities for supply chains
  •  [Insert key point].

4' min read

Translated by AI
Versione italiana

European companies could have an extra year to implement the regulation against deforestation. While anticipation grows for new simplifications.

For the second time, the EU Commission has proposed extra time for companies to comply with legislation published in the EU Official Journal in June 2023 to combat global deforestation and ensure sustainable supply chains. The entry into force of the Eudr (from the English acronym) regulation, initially scheduled for the end of 2024, was postponed to the final rush at the end of this year (30 December) for larger companies, giving an extra six months to SMEs. On 23 September, a new twist: in a letter to the European Parliament, the EU Council and the Danish rotating presidency, Environment Commissioner Jessika Roswall announced her intention to postpone the entry into force by another year, to the end of 2026. Underlying the decision, the Commissioner cited uncertainties related to the resilience of the IT platform developed and managed by the EU executive as required by the regulation. The extra year, she explained, will be used for the necessary checks and adjustments to avoid operational difficulties for companies.

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The ball is now in the political court. In order to make the postponement official, a formal proposal from the Commission to the Council and the European Parliament will be needed. In the latter, yet another battle between the two main parties is expected: the Populars applaud Brussels' move and demand changes while the Socialists call it 'unacceptable'.

The objective of the regulation

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The aim of the regulation is to help stem the decline in forests, which is a significant threat to the planet's equilibrium: according to the Ipcc, the Intergovernmental Panel on Climate Change, it alone is responsible for 11% of greenhouse gas emissions. All eyes are on seven commodities that are the main causes of deforestation globally: palm oil (35 per cent), soya (33 per cent), wood (9 per cent), cocoa (8 per cent), coffee (7 per cent), beef (5 per cent) and rubber (3 per cent). EU companies importing, selling or exporting these raw materials and more than 300 derived products will have to prove that they do not come from deforested or degraded land as of 31 December 2020. And that they are produced in compliance with the laws of the country of origin (such as environmental protection, rights of workers and indigenous communities, anti-corruption). They will do so with a due diligence declaration that must be uploaded to Traces, the EU Commission's online platform, before the products are placed on the market or exported.

The regulation sets ambitious targets that represent a not insignificant challenge for numerous Made in Italy sectors where these raw materials are crucial, from food to furniture, via chemicals and pharmaceuticals. Annex 1 of the regulation determines its scope of application. Some examples? Coffee beans are included, soluble coffee is not. Cowhide is included in the Eudr, but not accessories made from this raw material. Among those excluded is soap, even though it may contain palm oil. Cars are not included, but a car manufacturer will still have to perform due diligence for products such as leather for seats or natural rubber for tyres. Those who do not comply risk penalties of 4% of their annual turnover.

"The rules," says Lorenzo Solimene, Esg partner Climate change & sustainability services at Kpmg, "are complex and implementation can be difficult for some sectors. The possible extra year would allow companies that are lagging behind to do so without difficulty, but clear timeframes and guidelines are needed so as not to be reduced to the last minute". To apply the regulation, he adds, 'we need reliable sources and data and a flow of information from the collection site to the placement of the product on the EU market, with close interaction and collaboration throughout the value chain'. And changes are also needed in the internal governance of companies since 'compliance requires increasingly multidisciplinary skills with the involvement not only of sustainability managers but also and above all of procurement, legal, tax and customs officers'.

The demands for flexibility

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A major question raised by businesses is related to compliance costs and the risk of these being passed on to the end consumer. Last April, Brussels attempted to mitigate the impact by reducing the bureaucratic complexities of due diligence by about a third with new technical updates, but industry concerns remain. In July, BusinessEurope, the association of European companies, called for further efforts, while 18 countries (including Italy), while recognising that the measure "is a milestone in the fight against deforestation", asked for further simplifications. Over the past few days, Confagricoltura and FederlegnoArredo have also pushed for a slimming down of the rules. Offering some glimmer of hope in this direction is the Environmental Omnibus that the EU Commission has announced by the end of the year. The public consultation on the revision of environmental protection regulations launched by Brussels on 22 July last ended in early September with numerous comments on the Eudr as well.

The opportunities for supply chains

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In the meantime, Kpmg's partner invites us not to lose sight of the real challenge, which, when fully implemented, may also become the strong point of the regulation: "The complete traceability of production chains to ensure zero deforestation products," he concludes, "may give a boost to greater collaboration within the value chain with the emergence of new integrated platforms with suppliers to transform the regulatory commitment into an opportunity for strategic and competitive positioning.

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