Designing an appropriate and inclusive benchmarking approach in the EU Regulation on deforestation-free products

The document examines the proposed EU Regulation on deforestation-free products, specifically focusing on the country benchmarking mechanism in Article 27. It argues that the European Commission's initial unilateral approach risks trade distortions and diplomatic tensions, and instead advocates for a multi-stakeholder process involving civil society, Indigenous Peoples, and smallholders. The briefing compares the positions of the Commission, the European Parliament, and the Council, recommending that benchmarking include not only deforestation rates but also compliance with national legality requirements and human rights standards. It suggests that a transparent, inclusive process will better incentivize producer countries to reform forest governance and reduce the risk of 'leakage' to less stringent markets.

• The European Union is the world's second largest consumer of agricultural products linked to tropical deforestation, contributing to the loss of livelihoods for approximately 250 million people, especially Indigenous People.
• The proposed benchmarking mechanism in Article 27 is intended to help EU authorities assess the risk level of commodities based on their origin, which in turn guides the intensity of due diligence and checks on products entering the EU.
• Producer countries have expressed concerns that the Commission's unilateral benchmarking approach could lead to diplomatic tensions and trade distortions, potentially harming SMEs and smallholder farmers.
• The European Parliament's proposal for benchmarking is more comprehensive than the Commission's, suggesting the inclusion of criteria regarding the protection of customary tenure rights, the right to free, prior and informed consent (FPIC), and the transparency of data.
• The Council's proposal is described as less ambitious regarding stakeholder involvement, as it emphasizes "internationally recognised sources and on the latest scientific evidence," which the authors argue could exclude national civil society sources.
• The authors recommend that benchmarking criteria expand beyond statistical deforestation rates to include whether commodities are produced in accordance with the producer country's relevant legislation and international human rights standards.
• To ensure credibility and legitimacy, the briefing suggests that the EU should explicitly recognize civil society, Indigenous Peoples, and local communities as 'internationally recognised sources' and utilize independent forest monitoring (IFM) alongside satellite imagery.

APA

ClientEarth (2022). Designing an appropriate and inclusive benchmarking approach in the EU Regulation on deforestation-free products. https://www.clientearth.org/media/mdkjxwgl/designing-an-appropriate-and-inclusive-benchmarking-approach-in-the-eu-regulation-on-deforestation-free-products.pdf

Chicago

ClientEarth. Designing an appropriate and inclusive benchmarking approach in the EU Regulation on deforestation-free products. 2022. https://www.clientearth.org/media/mdkjxwgl/designing-an-appropriate-and-inclusive-benchmarking-approach-in-the-eu-regulation-on-deforestation-free-products.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Designing an appropriate and inclusive benchmarking approach in the EU Regulation on deforestation-free products |date=September 2022 |url=https://www.clientearth.org/media/mdkjxwgl/designing-an-appropriate-and-inclusive-benchmarking-approach-in-the-eu-regulation-on-deforestation-free-products.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2022designing, author = {{ClientEarth}}, title = {{Designing an appropriate and inclusive benchmarking approach in the EU Regulation on deforestation-free products}}, institution = {ClientEarth}, year = {2022}, month = sep, url = {https://www.clientearth.org/media/mdkjxwgl/designing-an-appropriate-and-inclusive-benchmarking-approach-in-the-eu-regulation-on-deforestation-free-products.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }