RDUE
EU Regulation on Deforestation
and Forest Degradation.

European Regulation against Deforestation
and Forest Degradation (RDUE)

European Regulation against Deforestation and Forest Degradation

Stopping deforestation and forest degradation is essential in the fight against climate change and the loss of biodiversity, representing a major challenge for the future of humanity. The Intergovernmental Panel on Climate Change (IPCC) has emphasized that halting deforestation and restoring ecosystems are among the most effective ways to reduce CO2 levels. To address these critical issues, the European Union has introduced the RDUE, a major initiative aimed at slowing down deforestation.

Presentation

The RDUE aims to limit the entry and exit of raw materials and derivative products associated with deforestation and forest degradation on the European market. This regulation covers a wide range of wood products, such as sawn wood, wood-based materials, paper, and furniture. It also applies to other goods listed below. The regulation was officially published in the Official Journal of the European Union on June 9, 2023 (No. 2023/1115) and came into force on June 29, 2023, 20 days after its publication. It will be applicable to all Member States starting from December 30, 2024, with an extension until June 30, 2025, for SMEs.

Products Affected by the RDUE

  • Coffee: roasted, decaffeinated, coffee husks and shells, coffee substitutes containing coffee;
  • Cocoa: beans and broken beans (roasted or unroasted), husks, shells, other waste, cocoa butter, cocoa fat and oil, cocoa powder and paste (even defatted), chocolate, etc.;
  • Rubber: natural rubber, natural gums in various forms, mixed rubber, threads and ropes, belts, tires, etc.;
  • Oil Palm Products: including palm nuts and almonds, palm oil and palm kernel oil, cake, various acids, glycerol, etc.;
  • Soy: beans, bean flour, oil and refined or unrefined fractions, cake, etc.;
  • Beef: fresh, frozen, or chilled meat, edible offal, leather and skins, etc.;
  • Wood: raw, for heating, in various forms, and all its derivatives, such as printed paper, wood wool, particle boards, charcoal, furniture, tools, etc.
These are the main products that are covered by the RDUE regulation, which aims to ensure that these goods are not linked to deforestation or forest degradation when entering the European market.

Objectives

This regulation pursues three fundamental objectives:

  1. Environmental Protection: Primarily focused on the protection and preservation of forests.
  2. Legality and Sustainability: The affected goods must be produced in compliance with international and national legislation in force in the country of production, covering various regulatory areas.
  3. Compliance with World Trade Organization (WTO) rules: Ensuring adherence to international standards in the trade sector.
The RDUE also aims to achieve three specific objectives:
    1. Risk Reduction: Minimize the likelihood that goods linked to deforestation and forest degradation enter or exit the European market.
    2. Promotion of Sustainable Products: Increase demand and trade of products and raw materials that have not contributed to deforestation or forest degradation.
    3. Transformation of Supply Chains: Improve transparency and evolve value chains to ensure they are not associated with deforestation activities.

What are the requirements of the regulation?

To comply with the regulation, the affected products, whether placed on the market or exported, must meet the following criteria:

  • “Zero deforestation”: The products must not be associated with deforestation or forest degradation after the specified deadline. This means that no deforestation or degradation activities should have occurred to produce the raw materials used.
  • “Legality”: The products must comply with the legislation in force in the country of origin. This includes adhering to all relevant national and international regulations regarding production, trade, and environmental protection.
  • “Due diligence declaration”: A due diligence declaration must be made for each product, certifying that the compliance requirements have been met. This declaration must be registered in the European information system dedicated to this purpose and should be accompanied by the necessary documentation to prove compliance with the established standards.

For the company

Operators and traders must demonstrate reasonable diligence before importing, exporting, or selling on the domestic market the products listed in Annex 1 of the RDUE. They must submit a due diligence declaration in the dedicated European information system before each product is placed on the market. Additionally, they must provide their customers with information related to this diligence, as well as the declaration number corresponding to the products sold. All this information must be kept for 5 years. Very small enterprises (VSEs) and small and medium-sized enterprises (SMEs), as defined in Article 3 of Directive 2013/34/EU, are exempt from the due diligence and declaration requirements for products already compliant with this procedure. Operators must also establish and maintain a due diligence system, which includes procedures and measures ensuring that the products they place on the market or export comply with the requirements of Article 3.