The proposed EU law on deforestation-free products

The briefing analyzes the proposed EU law on deforestation-free products, which aims to replace the EU Timber Regulation (EUTR). It highlights improvements such as the expansion of covered commodities to include cattle, cocoa, coffee, oil palm, and soya, and the introduction of a 'deforestation-free' criterion alongside legality requirements. The document notes strengthened due diligence for large traders, mandatory geo-localisation coordinates for traceability, and more rigorous compliance check requirements for Member States. However, it warns of definitional ambiguities regarding 'forest' and 'deforestation' and criticizes the failure to include criminal liability for serious violations.

• The Deforestation Proposal expands the scope of covered commodities beyond timber to include cattle, cocoa, coffee, oil palm, soya, and wood, aiming to minimize consumption of products from supply chains linked to deforestation or forest degradation.
• Unlike the EUTR, the new proposal applies to products both placed on the EU market and those exported from the EU, which may help address illegal logging within Member States, such as Romania, for non-EU markets.
• The proposal closes a legal loophole by subjecting large traders (non-SMEs) to the same due diligence requirements as operators, preventing them from facilitating the circulation of illegal timber without responsibility.
• A new 'deforestation-free' criterion is introduced, requiring that products be produced in compliance with producer-country legislation and not be associated with deforestation or forest degradation after a proposed cut-off date of 31 December 2020.
• The proposal improves traceability by requiring operators to provide geo-localisation coordinates, including latitude and longitude, for all plots of land where commodities were sourced.
• Enforcement is strengthened through minimum annual compliance check requirements for competent authorities, the right to perform unscheduled checks, and the ability to initiate investigations based on 'substantiated concerns' from third parties.
• The briefing identifies significant risks in the proposal's lack of clear definitions for terms like 'forest' and 'deforestation', noting that the conversion of natural forest to timber plantations might not be captured as deforestation.
• The document criticizes the proposal for not requiring Member States to criminalize serious violations under the Environmental Crime Directive, describing this as a 'missed opportunity'.

APA

Łuszczek, R., Mattioli, F., & Quirke, J. (2021). The proposed EU law on deforestation-free products. ClientEarth. https://www.clientearth.org/media/runfjqac/eu-deforestation-proposal-comparison-with-eutr-framework_final.pdf

Chicago

Łuszczek, Ranja, Filippo Mattioli, and Jody Quirke. The proposed EU law on deforestation-free products. ClientEarth, 2021. https://www.clientearth.org/media/runfjqac/eu-deforestation-proposal-comparison-with-eutr-framework_final.pdf.

Wikipedia

{{cite report |last1=Łuszczek |first1=Ranja |last2=Mattioli |first2=Filippo |last3=Quirke |first3=Jody |title=The proposed EU law on deforestation-free products |publisher=ClientEarth |date=December 2021 |url=https://www.clientearth.org/media/runfjqac/eu-deforestation-proposal-comparison-with-eutr-framework_final.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{uszczek2021proposed, author = {Łuszczek, Ranja and Mattioli, Filippo and Quirke, Jody}, title = {{The proposed EU law on deforestation-free products}}, institution = {ClientEarth}, year = {2021}, month = dec, url = {https://www.clientearth.org/media/runfjqac/eu-deforestation-proposal-comparison-with-eutr-framework_final.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }