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                                                                                                     October  2, 2024

Implications of the European Union Deforestation Regulation


Many  people have expressed concerns about global
deforestation (the conversion of forest for non-forest uses)
andforest degradation (the conversion of primary forests to
other forest types). Forests store terrestrial carbon and are
key components  of the global carbon cycle. When forests
are cleared, burned, or altered by weather events, they can
release carbon dioxide into the atmosphere, which can
exacerbate the effects of climate change. Deforestation can
also reduce biodiversity, alter local weather patterns, and
disrupt Indigenous peoples' cultures. Annual global
deforestation is approximately 7.5 million hectares (28.9
thousand square miles, annual average from 2015 to 2020),
with most deforestation occurring in tropical countries such
as Brazil and Indonesia. The largest driver of global
deforestation is agricultural expansion, which includes
ranching. The European Union  (EU) and China are the
largest importers of agricultural goods that are grown in
areas at risk of deforestation.

To try to minimize its contribution to global deforestation
and forest degradation, the EU passed the EU
Deforestation-Free Regulation (EUDR)  in 2023. The
regulation prohibits the import and export of certain
agricultural commodities produced on land deforested after
2020. The regulation is scheduled to take effect on
December  30, 2024. However, on October  1, 2024, the
European  Commission  proposed a one-year delay in
implementing  the EUDR.  Provided the EU's 27 member
parties and Parliament agree, the EUDR would go into
effect on December 30, 2025. Uncertainty about the
EUDR's   implementation, requirements, and effect on U.S.
producers has generated concern from some in Congress.

Summary of the EUDR
The EUDR's   primary stipulation is that listed commodities
and products shall not be made available in the EU market,
or exported from the EU, unless they are (1) derived from
lands that were not deforested after 2020, (2) produced in
accordance with legislation in the country of production,
and (3) covered by a due diligence statement. The covered
commodities  and products are listed in Table 1, and
selected regulatory definitions are listed in Table 2.

Table  I. Commodities   and Products  Under  the  EUDR

  Commodities                   Products


Cattle
Cocoa
Coffee
Palm Oil
Rubber


Meat, offal, hides, and leather of cattle; live cattle
Cocoa beans, shells, butter, and powder; chocolate
Coffee, whether or not roasted or decaffeinated
Palm nuts and kernels; palm oil
Natural, compounded, and vulcanized rubber;
rubber tires


  Commodities                   Products

  Soybeans      Soybean flour, meal, and oil; soybeans, whether or
                not broken
 Wood           Fuel wood; plywood; densified wood; wood pulp;
                paper; and articles constructed of wood, such as
                tools, boxes, prefabricated buildings, and printed
                books

Table  2. Selected Definitions Under  the EUDR

    Term                       Definition

 Deforestation The conversion of forest to agricultural use,
               whether human-induced or not
 Forest        Structural changes to forest cover, taking the form
 Degradation   of the conversion of primary forests into planted
               forests, plantation forests, or other wooded land
 Operator      Any natural or legal person who, in the course of
               commercial activity, places relevant products on the
               market or exports them
Under  the EUDR,  an operator seeking to import a covered
commodity  into the EU market is required to prepare a due
diligence statement to accompany the goods. Among other
things, the statement is to include a description of the
relevant products, the quantity of those products, the
country of their harvest and production, and the geolocation
of all plots of land where the commodities that the product
contains were produced. The EU is planning to conduct a
risk assessment of countries of production to determine the
extent of due diligence needed for importing countries to
comply  with the regulation. Countries of production are to
be classified into one of three tiers as follows:

*  High  Risk: Countries that have a high risk of producing
   commodities  that do not comply with the regulation.

*  Low  Risk: Countries that provide significant assurances
   that the production of commodities that do not comply
   with the regulation will be rare.

*  Standard Risk: Countries that do not fall into either of
   the other two categories.

All countries are to be initially assigned a standard level of
risk until further assessed. The list of countries that are
identified as high or low risk can be reviewed and updated
as often as necessary in light of new evidence. Operators
from countries labeled as low risk may follow simplified
due diligence procedures, which exempt them from
completing a risk assessment and risk mitigation that
operators from high- and standard-risk countries will need

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