### 1. for domain names registered under a country-code top-level domain name , administered or managed by a registry established in the union , the office shall provide a domain name information and alert system. upon submission of an application for a geographical indication , the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name , and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). ### 1. for domain names registered under a country-code top-level domain name , administered or managed by a registry established in the union , the office shall provide a domain name information and alert system. upon registration of the geographical indication , the information and alert system shall inform right holders of a geographical indication about the availability of their geographical indication as a domain name , and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).


### 1. for domain names registered under a country-code top-level domain name , administered or managed by a registry established in the union , the office shall provide a domain name information and alert system. upon submission of an application for a geographical indication , the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name , and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). ### 1. for domain names registered under a country-code top-level domain name , administered or managed by a registry established in the union , the office shall provide a domain name information and alert system. upon registration of the geographical indication , the information and alert system shall inform applicants and right holders of a geographical indication about the availability of their geographical indication as a domain name , and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).


### 2. opposition and cancellation decisions shall be taken by a panel of three members. at least one member shall be legally qualified. all other decisions of paragraph 1 shall be taken by a single member. ### 2. all decisions referred to in paragraph 1 shall be taken by a panel of at least three members. at least one member shall be legally qualified. all other decisions of paragraph 1 shall be taken by a single member.


### 2. opposition and cancellation decisions shall be taken by a panel of three members. at least one member shall be legally qualified. all other decisions of paragraph 1 shall be taken by a single member. ### 2. opposition and cancellation decisions shall be taken by a panel of three members. at least one member shall be legally qualified and/or technically qualified.


### 2. opposition and cancellation decisions shall be taken by a panel of three members. at least one member shall be legally qualified. all other decisions of paragraph 1 shall be taken by a single member. ### 2. opposition and cancellation decision proposals shall be taken by a panel of at least three members. at least one member shall be legally qualified and at least one member shall be technically qualified.


### 1. an advisory board is set up to deliver an opinion where provided for in this regulation. ### 1. an advisory board is set up to deliver an opinion where provided for in this regulation or if deemed as necessary by the commission and the office.


### 5. the advisory board shall be composed of one representative of each member state and one representatives of the commission and their respective alternates. ### 5. the advisory board shall be composed of one representative of each member state and one representatives of the commission and their respective alternates and any recognized expert in the field of gis or of the concerned product , including representatives of regions.


### 5. the advisory board shall be composed of one representative of each member state and one representatives of the commission and their respective alternates. ### 5. the advisory board shall be composed of one representative of each member state , one representative of the commission , their respective alternates and experts in the field of geographical indications and the product category concerned , including from academia.


### 1. geographical indications entered in the union register of geographical indications for craft and industrial products shall be protected against: ### 1. geographical indications entered in the union register of geographical indications for craft and industrial products as well as geographical indication protected by international agreement in the union shall be protected against:


### 1. geographical indications entered in the union register of geographical indications for craft and industrial products shall be protected against: ### 1. geographical indications entered in the union register of geographical indications for craft and industrial products , including where those products are parts or components in manufactured products , as well as geographical indications protected by international agreements in the union , shall be protected against:


### any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration , where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits , weakens , dilutes , or is detrimental to the reputation of , the protected geographical indication; ### any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration , where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits , weakens , dilutes , or is detrimental to the reputation of , the protected geographical indication , including where those products are parts or components in manufactured products;


### any misuse , imitation or evocation , even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’ , ‘type’ , ‘method’ , ‘as produced in’ , ‘imitation’ , ‘flavour’ , ‘like’ or similar; ### any misuse , imitation or evocation , even if the true origin of the products or services is indicated or if the protected geographical indication is translated , transcripted or transliterated , or accompanied by an expression such as ‘style’ , ‘type’ , ‘method’ , ‘as produced in’ , ‘imitation’ , ‘fragrance’ , ‘like’ or similar , including where those products are parts or components in manufactured products;


### any misuse , imitation or evocation , even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’ , ‘type’ , ‘method’ , ‘as produced in’ , ‘imitation’ , ‘flavour’ , ‘like’ or similar; ### any misuse , imitation or evocation , even if the true origin of the products or services is indicated or if the protected geographical indication is translated , transcripted , transliterated or accompanied by an expression such as ‘style’ , ‘type’ , ‘method’ , ‘as produced in’ , ‘imitation’ , 'fragrance' , ‘like’ or similar;


### any other false or misleading indication as to the provenance , origin , nature or essential qualities of the product that is used on the inner or outer packaging , advertising material , documents or information provided on websites relating to the products , and the packing of the products in a container liable to convey a false impression as to their origin; ### any other false or misleading indication as to the provenance , origin , nature or essential qualities of the product that is used on the inner or outer packaging , advertising material , documents or information provided on websites relating to the products , and the packing of the products or on domain names in a container liable to convey a false impression as to their origin;


### any other false or misleading indication as to the provenance , origin , nature or essential qualities of the product that is used on the inner or outer packaging , advertising material , documents or information provided on websites relating to the products , and the packing of the products in a container liable to convey a false impression as to their origin; ### any other false or misleading indication as to the provenance , origin , nature or essential qualities of the product that is used on the inner or outer packaging , advertising material , documents or information provided on websites relating to the products or on domain names , and the packing of the products in a container liable to convey a false impression as to their origin;


### 5. the producer group or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods , in the course of trade , into the union without being released for free circulation there , where such goods , including packaging , come from third countries and are contrary to paragraph 1. ### 5. the producer group , the holder of the registration , or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods , in the course of trade , into the union without being released for free circulation there , where such goods , including packaging , come from third countries and are contrary to paragraph 1.


### 1. article 35 is without prejudice to the use of a geographical indication by producers in conformity with article 43 to indicate that a manufactured product contains , as a part or component , a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken , dilute , or is not detrimental to , the reputation of the geographical indication. ### 1. article 35 is without prejudice to the use of a protected geographical indication name indicating that a manufactured product contains or integrates , as a part or component , a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices , is agreed with the geographical indication right holder and does not weaken , dilute , or is not detrimental to , the reputation of the geographical indication.


### 2. the geographical indication designating a product’s part or component shall not be used in the sales designation of the manufactured product , except in cases of agreement with a producer group or , in situations referred to in article 6(3) , a single producer. ### 2. the geographical indication designating a product’s part or component shall not be used in the sales designation of the manufactured product , except in cases of agreement with a geographical indication right holder.


### article 37 ### deleted


### article 39 ### deleted


### 1. member states shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. member states may provide that public officials , and other stakeholders such as consumer groups , retailers and suppliers , also participate in the work of the producer group. ### 1. member states or the office in case of direct application shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. member states may provide that public officials , and other stakeholders such as consumer groups , retailers and suppliers , also participate in the work of the producer group.


### 1. member states shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. member states may provide that public officials , and other stakeholders such as consumer groups , retailers and suppliers , also participate in the work of the producer group. ### 1. member states and , where applicable , the office shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. member states may provide that public officials , and other stakeholders such as consumer groups , retailers and suppliers , also participate in the work of the producer group.


### develop the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification; ### develop , modify the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;


### take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it; ### take legal action and assert the right including enforcement actions , to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it , and prevent or counter any measures which are , or risk being detrimental to the image of their products;


### 4. without prejudice to paragraph 2 of this article , a trade mark the use of which contravenes article 35 , which has been applied for , registered , or established by use in good faith within the territory of the union , if that possibility is provided for by the legislation concerned , before the date on which the application for registration of the geographical indication is submitted to the office , may continue to be used and renewed notwithstanding the registration of a geographical indication , provided that no grounds for invalidity or revocation of the trade mark exist under directive (eu) 2015/243632of the european parliament and of the council or regulation (eu) 2017/1001. in such cases , the use of the geographical indication and that of the relevant trade mark shall be permitted. ### deleted


### 2. in the case of craft and industrial products originating in the union that are marketed under a geographical indication , the union symbol referred to in paragraph 1 may appear on the labelling and advertising material. the geographical indication shall be in the same field of vision as the union symbol. ### 2. in the case of craft and industrial products originating in the union that are marketed under a geographical indication , the union symbol referred to in paragraph 1 shall appear on the labelling and advertising material. the geographical indication name shall be in the same field of vision as the union symbol.


### 3. the abbreviation ‘pgi’ corresponding to the indication ‘protected geographical indication’ may appear on the labelling of products designated by a geographical indication of craft and industrial products. ### 3. the abbreviation ‘pgi’ corresponding to the indication ‘protected geographical indication’ may appear on the labelling and advertising material of products designated by a geographical indication of craft and industrial products.


### 5. after the submission of a union application for the registration of a geographical indication , producers may indicate on the labelling , and in the presentation , of the product that an application has been filed in compliance with union law. ### deleted


### 6. the union symbol indicating the protected geographical indication and the union indication ‘protected geographical indication’ and the abbreviation ‘pgi’ as relevant , may appear on the labelling only after the publication of the decision on registration in accordance with articles 24 and 25. ### 6. the union symbol indicating the protected geographical indication and the union indication ‘protected geographical indication’ and the abbreviation ‘pgi’ as relevant , shall appear on the labelling and advertising material only after the publication of the decision on registration in accordance with articles 24 and 25.


### 7. where an application is rejected , any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted. ### deleted


### 2. competent authorities referred to in paragraph 1 shall be objective and impartial , and shall have at their disposal the qualified staff and resources necessary to carry out their functions. ### 2. competent authorities referred to in paragraph 1 shall be transparent , objective and impartial , and shall have at their disposal the qualified staff and resources necessary to carry out their functions.


### 5. member states may collect fees or charges to cover the costs of official controls in the marketplace. ### 5. member states may collect fees or charges to cover the costs of official controls in the market in the event of repeated infringements by a producer. such fees shall not exceed the costs incurred for performing the control on a given producer.


### article 49 ### deleted


### 3. where self-declarations are used competent authorities shall carry out random controls. in the event of breaches , member states shall take all necessary measures to remedy the situation. ### 3. where self-declarations are used competent authorities shall carry out random controls. in the event of breaches , member states shall take all necessary measures to remedy the situation , including penalties.


### (iii) is to be impartial and free from any conflict of interest and in particular is not to be in a situation which may , directly or indirectly , affect the impartiality of its professional conduct as regards the performance of those official control tasks delegated to it; and ### (iii) is to be transparent , impartial and free from any conflict of interest and in particular is not to be in a situation which may , directly or indirectly , affect the impartiality of its professional conduct as regards the performance of those official control tasks delegated to it; and


### (iii) are to act impartially and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and ### (iii) are to act impartially , in a transparent manner , and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and


### 1. concerning applications for registration referred to in article 17 , the commission may take over from the office , at any time before the end of the procedure , on its own initiative , on the initiative of a member state or the office , the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the union’s trade or external relations. the office shall submit a proposal to the commission for a decision pursuant to article 24(2) to 24(6). the commission shall adopt the final act on the application for registration. this paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification. ### 1. concerning applications for registration referred to in articles 15 and 17 , the commission shall decide on the application for registration of the proposed geographical indication. the office shall submit a proposal to the commission for a decision pursuant to article 24(2) to 24(6). the commission shall adopt the final act on the application for registration. this paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification.


### 3. the office shall ensure that the commission has access to the documents concerning the applications for registration , any amendment of the product specification and cancellation through the digital system referred to in article 18(1) and article 26(1). ### 3. the office shall ensure that the commission has access to the documents concerning the applications for registration , any amendment of the product specification and cancellation through the digital system referred to in article 18(1) and article 26(1) in accordance with regulations (eu) 2018/1725 and (eu) 2016/679.


### the reference to the instrument registering the name; ### the reference to the legal instrument registering the name;


### 1. any party to a procedure regulated in this regulation that is adversely affected by the decision taken by the office in that procedure may lodge an appeal to the boards of appeal referred to in article 34 against the decision. the appealed decisions of the office shall take effect only as from the date of expiration of the appeal period referred to in paragraph 3. the filing of the appeal shall have suspensive effect. member states shall also have the right to join the procedure. ### 1. any party to a procedure regulated in this regulation that is adversely affected by the decision taken by the commission in that procedure may lodge an appeal to the boards of appeal referred to in article 34 against the decision. the appealed decisions of the commission shall take effect only as from the date of expiration of the appeal period referred to in paragraph 3. the filing of the appeal shall have suspensive effect. member states shall also have the right to join the procedure.


### 5. following an examination of admissibility of the appeal , the boards of appeal shall decide on the appeal. the boards of appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. the boards of appeal may , on its own initiative or upon the written , reasoned request of a party , consult the advisory board as referred to in article 33. the office may offer mediation services pursuant to article 170 of regulation (eu) 2017/1001 , with a view of assisting the parties reach an amicable settlement. ### 5. following an examination of admissibility of the appeal , the boards of appeal shall propose a decision on the appeal. the boards of appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. the boards of appeal may , on its own initiative or upon the written , reasoned request of a party , consult the advisory board as referred to in article 33. the office may offer mediation services pursuant to article 170 of regulation (eu) 2017/1001 , with a view of assisting the parties reach an amicable settlement.


### 6. actions may be brought before the general court against decisions of the boards of appeal in relation to appeals , within two months of the date of publication of the decision of the boards of appeal , on grounds of infringement of an essential procedural requirement , infringement of the tfeu , infringement of this regulation or of any rule of law relating to their application or misuse of power. the action shall be open to any party to proceedings before the boards of appeal adversely affected by its decision and to any member state. the general court shall have jurisdiction to annul or to alter the contested decision. ### 6. actions may be brought before the general court against decisions of the commission in relation to appeals , within two months of the date of publication of the decision of the boards of appeal , on grounds of infringement of an essential procedural requirement , infringement of the tfeu , infringement of this regulation or of any rule of law relating to their application or misuse of power. the action shall be open to any party to proceedings before the boards of appeal adversely affected by the commission decision and to any member state. the general court shall have jurisdiction to annul or to alter the contested decision.


### 7. the decisions of the boards of appeal shall take effect only as from the date of expiry of the appeal period or , if an action has been brought before the general court within that period , as from the date of dismissal of such action or of any appeal filed with the court of justice against the decision of the general court. ### 7. the decisions of the commission shall be taken within 6 months after the filing of the notice of appeal , and shall take effect only as from the date of expiry of the appeal period or , if an action has been brought before the general court within that period , as from the date of dismissal of such action or of any appeal filed with the court of justice against the decision of the general court.


### 1. a geographical indications division , as a department of the office , shall be responsible for taking decisions on behalf of the office in relation to: ### 1. a geographical indications division , as a department of the office , shall be responsible for submitting proposals to the commission for decisions on behalf of the office in relation to:


### 9. the mandates of members of the advisory board shall be up to 5 years. those mandates may be renewable. ### 9. the mandates of members of the advisory board shall be up to 5 years. those mandates may be renewable once.


### in addition to the powers conferred upon it by article 165 of regulation (eu) 2017/1001 , the boards of appeal instituted by that regulation shall be responsible for deciding on appeals from decisions of the geographical indications division as regards their decisions concerning geographical indications subject to article 28 of this regulation. ### in addition to the powers conferred upon it by article 165 of regulation (eu) 2017/1001 , the boards of appeal instituted by that regulation shall be responsible for submitting a proposal to the commission for a decision on appeals from decisions of the geographical indications division as regards their decisions concerning geographical indications subject to article 28 of this regulation.


### 1. competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. the competent authority shall ensure that the delegated product certification body or natural person , to which such tasks have been delegated , have the powers needed to effectively perform these tasks. ### 1. competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. the competent authority shall ensure that the delegated product certification body or natural person , to which such tasks have been delegated , have the knowledge , the expertise , the infrastructure , and the powers needed to effectively perform these tasks.


### (1) forests provide a broad variety of environmental , economic and social benefits , including timber and non-wood forest products and environmental services essential for humankind , as they harbour most of the earth’s terrestrial biodiversity. they maintain ecosystem functions , help protect the climate system , provide clean air and play a vital role for the purification of waters and soils as well as for water retention. in addition , forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people , including indigenous peoples and local communities who heavily depend on forest ecosystems18. furthermore , deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans. ### (1) forests provide a broad variety of environmental , economic and social benefits , including timber and non-wood forest products and environmental services essential for humankind , as they harbour most of the earth’s terrestrial biodiversity. they maintain ecosystem functions , help protect the climate system , provide clean air and play a vital role for the purification of waters and soils as well as for water retention. in addition , forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people , including indigenous peoples and local communities who heavily depend on forest ecosystems18. furthermore , deforestation and forest degradation reduce essential carbon sinks. deforestation , forest degradation and the conversion and degradation of other ecosystems also increase contacts between wild animals and farmed animals and humans , thereby increasing the likelihood of new diseases spreading and the risks of new epidemics and pandemics.


### (2) deforestation and forest degradation are taking place at an alarming rate. the food and agriculture organization of the united nations estimates that 420 million hectares of forest – about 10% of the world’s remaining forests and an area larger than the european union – have been lost worldwide between 1990 and 202019 . deforestation and forest degradation are , in turn , important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. yet every year the world continues to lose 10 million hectares of forest. ### (2) deforestation , forest degradation and the destruction of ecosystems1a are taking place at an alarming rate. the food and agriculture organization of the united nations estimates that 420 million hectares of forest – about 10% of the world’s remaining forests and an area larger than the european union – have been lost worldwide between 1990 and 202019 . deforestation , forest degradation and the destruction of ecosystems are , in turn , important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. yet every year the world continues to lose 10 million hectares of forest.


### (4) climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change , they are inextricably linked , as recent studies have confirmed. biodiversity helps mitigate climate change. insects , birds and mammals act as pollinators , seed dispersers and can help store carbon more efficiently , directly or indirectly. forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities , including indigenous peoples. drastically reducing deforestation and forest degradation and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation. ### (4) climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change , they are inextricably linked , as recent studies have confirmed. biodiversity helps mitigate climate change. insects , birds and mammals act as pollinators , seed dispersers and can help store carbon more efficiently , directly or indirectly. forests and other ecosystems also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities , including indigenous peoples. drastically reducing deforestation , forest degradation and the conversion and degradation of other ecosystems and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation.


### (7) union consumption is a considerable driver of deforestation and forest degradation on a global scale. the initiative’s impact assessment estimated that without an appropriate regulatory intervention eu consumption and production of the six commodities included in the scope (wood , cattle , soy , palm oil , cocoa and coffee) will rise to approximately 248 ,000 hectares of deforestation annually by 2030. ### (7) union consumption is a considerable driver of deforestation and forest degradation on a global scale. the initiative’s impact assessment estimated that without an appropriate regulatory intervention eu consumption and production of six commodities included in the scope (wood , cattle , soy , palm oil , cocoa and coffee) will rise to approximately 248 ,000 hectares of deforestation annually by 2030. further relevant commodities included in the scope are poultry and products derived from poultry , products derived from cattle including leather , swine , sheep and goats and products derived from swine , sheep and goats , rubber and maize. all these commodities , as well as all goods that contain , have been fed with or have been made using these , or products deriving from them , should be within the scope of this regulation from the beginning. the commission should be empowered to add additional commodities and products to annex i by delegated acts.


### (15) halting deforestation and forest degradation is an essential part of the sdgs. this regulation should contribute in particular to meeting the goals regarding life on land (sdg 15) , climate action (sdg 13) , responsible consumption and production (sdg 12) , zero hunger (sdg 2) and good health and well-being (sdg 3). the relevant target 15.2 to halt deforestation by 2020 has not been met , underlining the urgency of ambitious and effective action. ### (15) halting deforestation and forest degradation is an essential part of the sdgs. this regulation should contribute in particular to meeting the goals regarding life on land (sdg 15) , climate action (sdg 13) , responsible consumption and production (sdg 12) , zero hunger (sdg 2) , no poverty (sdg 1) , clean water (sdg 6) , reduced inequality (sdg 10) and good health and well-being (sdg 3). the relevant target 15.2 to halt deforestation by 2020 has not been met , underlining the urgency of ambitious and effective action.


### (18) as a member of world trade organisation (wto) , the union is committed to promoting a universal , rule-based , open , transparent , predictable , inclusive , non-discriminatory and equitable multilateral trading system under the wto , as well as an open , sustainable , and assertive trade policy. the scope of this regulation will therefore include both commodities and products produced within the union and commodities and products imported to the union. ### (18) as a member of world trade organisation (wto) , the union is committed to promoting a universal , rule-based , open , transparent , predictable , inclusive , non-discriminatory and equitable multilateral trading system under the wto , as well as an open , sustainable , and assertive trade policy. the scope of this regulation will therefore include both commodities and products produced within the union and commodities and products imported to the union , and therefore this regulation must comply with wto’s rules , and the measures listed in this regulation shall not be more trade-restrictive than necessary to fulfil the legitimate objective.


### (19) this regulation also follows the commission’s communication on “an open , sustainable and assertive trade policy”38 which stated that with new internal and external challenges and more particularly a new , more sustainable growth model as defined by the european green deal and the european digital strategy , the eu needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the un sustainable development goals. trade policy must play its full role in the recovery from the covid-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient europe in the world. ### (19) this regulation also follows the commission’s communication on “an open , sustainable and assertive trade policy”38 which stated that with new internal and external challenges and more particularly a new , more sustainable growth model as defined by the european green deal and the european digital strategy , the eu needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the un sustainable development goals by including binding and enforceable trade and sustainable development (tsd) chapters. trade policy must play its full role in the recovery from the covid-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient europe in the world. the strategic importance of robust , coherent and enforceable sustainability chapters in trade agreements , along with an effective implementation of multilateral environmental and climate agreements need to be acknowledged. this is why the commission has to carefully assess the impacts of trade agreements on deforestation in the sustainability impact assessments (sias) and other relevant assessments , based on solid data and evaluation methodologies;


### (21) the commission should continue to work in partnership with producer countries , and more generally in cooperation with international organisations and bodies , and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production , acknowledging the role of indigenous people , improving governance and land tenure , increasing law enforcement and promoting sustainable forest management , climate-resilient agriculture , sustainable intensification and diversification , agro-ecology and agroforestry. in doing so it should acknowledge the role of indigenous people in protecting forests. building upon the experience and lessons learned in the context of the already existing initiatives , the union and the member states should work in partnership with producer countries , upon their request , to exploit the multi-functionalities of forest , support them in the transition to sustainable forest management , and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the communication to stepping up action to protect and restore the world’s forests. the partnership approach should help producer countries in protecting , restoring and sustainably using forest , hence contributing to the objective of this regulation to reduce deforestation and forest degradation. ### (21) the commission should continue to work in partnership with producer countries , and more generally in cooperation with international organisations and bodies , and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production , acknowledging the role of indigenous peoples and local communities , improving governance and land tenure , increasing law enforcement and promoting sustainable forest management , climate-resilient agriculture , sustainable intensification and diversification , agro-ecology and agroforestry. in doing so it should acknowledge the role of indigenous peoples and local communities in protecting forests. building upon the experience and lessons learned in the context of the already existing initiatives , the union and the member states should work in partnership with producer countries , upon their request , to exploit the multi-functionalities of forest , support them in the transition to sustainable forest management , and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the communication to stepping up action to protect and restore the world’s forests. the partnership approach should help producer countries in protecting , restoring and sustainably using forest , hence contributing to the objective of this regulation to reduce deforestation and forest degradation.


### (21) the commission should continue to work in partnership with producer countries , and more generally in cooperation with international organisations and bodies , and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production , acknowledging the role of indigenous people , improving governance and land tenure , increasing law enforcement and promoting sustainable forest management , climate-resilient agriculture , sustainable intensification and diversification , agro-ecology and agroforestry. in doing so it should acknowledge the role of indigenous people in protecting forests. building upon the experience and lessons learned in the context of the already existing initiatives , the union and the member states should work in partnership with producer countries , upon their request , to exploit the multi-functionalities of forest , support them in the transition to sustainable forest management , and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the communication to stepping up action to protect and restore the world’s forests. the partnership approach should help producer countries in protecting , restoring and sustainably using forest , hence contributing to the objective of this regulation to reduce deforestation and forest degradation. ### (21) the commission should continue to work in partnership with producer countries , and more generally in cooperation with international organisations and bodies , and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production , acknowledging and strengthening the role and rights of indigenous people and local communities , improving governance and land tenure , including the right to free , prior and informed consent , increasing law enforcement and promoting sustainable forest management , climate-resilient agriculture , sustainable intensification and diversification , agro-ecology and agroforestry. in doing so it should acknowledge the role of indigenous people in protecting forests. recalls that indigenous people , local communities , smallholder farmers and women possess and heavily rely on indispensable knowledge regarding forests. stresses the fact that preserving natural resources is not just a matter of protecting biodiversity , but also a question of social justice in the vision of an ecological restoration. building upon the experience and lessons learned in the context of the already existing initiatives , the union and the member states should work in partnership with producer countries , upon their request , to exploit the multi-functionalities of forest , support them in the transition to sustainable forest management , and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders , especially women , in line with the communication to stepping up action to protect and restore the world’s forests. the partnership approach should help producer countries in protecting , restoring and sustainably using forest , hence contributing to the objective of this regulation to reduce deforestation and forest degradation.


### (22) another important action announced in the communication is the establishment of the eu observatory on deforestation , forest degradation , changes in the world’s forest cover and associated drivers (“eu observatory”) launched by the commission in order to better monitor changes in the world’s forest cover and related drivers. moreover , building on already existing monitoring tools , including copernicus products , the eu observatory will facilitate access to information on supply chains for public entities , consumers and business , providing easy-to-understand data and information linking deforestation , forest degradation , and changes in the world’s forest cover to eu demand/trade for commodities and products. the eu observatory will thus directly support the implementation of this regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. the eu observatory will cooperate closely with relevant international organisations , research institutes , and third countries. ### (22) another important action announced in the communication is the establishment of the eu observatory on deforestation , forest degradation , changes in the world’s forest cover and associated drivers (“eu observatory”) launched by the commission in order to better monitor changes in the world’s forest cover and related drivers. moreover , building on already existing monitoring tools , including copernicus products , the eu observatory will facilitate access to information on supply chains for public entities , consumers and business , providing easy-to-understand data and information linking deforestation , forest degradation , and changes in the world’s forest cover to eu demand/trade for commodities and products. the eu observatory will thus directly support the implementation of this regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. the eu commission should also examine how land rights can be integrated into monitoring under the eu observatory. the eu observatory will cooperate closely with relevant international organisations , research institutes , non-governmental organisations and third countries.


### (29) obligations concerning relevant commodities and products should be laid down by this regulation in order to effectively combat deforestation , forest degradation , and to promote deforestation-free supply chains. ### (29) obligations concerning relevant commodities and products should be laid down by this regulation in order to effectively combat deforestation and conversion of natural ecosystems , forest and ecosystems degradation , and to promote deforestation-free supply chains as well as to ensure the protection of human rights recognised under international law , in particular under treaties and other instruments ratified or endorsed by the country of production , and especially the rights of indigenous peoples and local communities.


### (29) obligations concerning relevant commodities and products should be laid down by this regulation in order to effectively combat deforestation , forest degradation , and to promote deforestation-free supply chains. ### (29) obligations concerning relevant commodities and products should be laid down by this regulation in order to effectively combat deforestation , forest degradation , the destruction of ecosystems and to promote deforestation-free supply chains.


### (32) to strengthen the union’s contribution to halting deforestation and forest degradation , and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the union market , relevant commodities and products should not be placed or made available on the union market , nor exported from the union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. to confirm that this is the case , they should always be accompanied by a due diligence statement. ### (32) to strengthen the union’s contribution to halting deforestation and forest degradation , and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the union market , relevant commodities and products should not be placed or made available on the union market , nor exported from the union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production and international human rights , particularly the rights of indigenous peoples and local communities. to confirm that this is the case , they should always be accompanied by a due diligence statement.


### (32) to strengthen the union’s contribution to halting deforestation and forest degradation , and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the union market , relevant commodities and products should not be placed or made available on the union market , nor exported from the union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. to confirm that this is the case , they should always be accompanied by a due diligence statement. ### (32) to strengthen the union’s contribution to halting deforestation , conversion of natural ecosystems and forest and ecosystems degradation , and to ensure that commodities and products from supply chains related to deforestation , conversion of natural ecosystems and forest and ecosystems degradation are not placed on the union market , relevant commodities and products should not be placed or made available on the union market , nor exported from the union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production and comply with international standards in the field of human rights , and particularly the rights of indigenous peoples and local communities , to prevent any violation of those. to confirm that this is the case , they should always be accompanied by a due diligence statement , in order to prevent access to the eu market for products with a high risk of deforestation , conversion or ecosystem degradation.


### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it. ### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it. operators have the responsibility to undertake reasonable efforts to ensure a fair price is paid to the producers they source from , in particular smallholders , so as to enable a living income and effectively address poverty as a root cause of deforestation.


### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it. ### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include four elements: information requirements , risk assessment , risk mitigation measures and reporting obligations. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it.


### (42) for the relevant commodities entering or leaving the union market , competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this regulation , whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and , in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities , to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the information system and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the information system). this specific organisation of controls discards the application of chapter vii of regulation (eu) 2019/1020 in so far as the application and enforcement of this regulation is concerned. ### (42) for the relevant commodities or products entering or leaving the union market , competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this regulation , whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and , in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities , to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the information system and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the information system). this specific organisation of controls discards the application of chapter vii of regulation (eu) 2019/1020 in so far as the application and enforcement of this regulation is concerned.


### (47) for this reason , the commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative , objective and internationally recognised data , and indications that the countries are actively engaged in fighting deforestation and forest degradation. this benchmarking information should make it easier for operators in the union to exercise due diligence and for competent authorities to monitor and enforce compliance , while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. this should help making supply chains more transparent and sustainable. this benchmarking system should be based on a three-tier classification of countries to be regarded as low , standard or high risk. in order to ensure appropriate transparency and clarity , the commission should in particular make publicly available the data being used for benchmarking , the reasons for the proposed change of classification and the reply of the country concerned. for relevant commodities and products from low risk countries or parts of countries identified as low-risk , operators should be allowed to apply a simplified due diligence , whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. the commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this regulation. ### (47) for this reason , the commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative , objective and internationally recognised data , and indications that the countries are actively engaged in fighting deforestation , natural ecosystem conversion , forest and natural ecosystem degradation and destruction and the protection of the rights of indigenous peoples and local communities. this benchmarking information should make it easier for operators in the union to exercise due diligence and for competent authorities to monitor and enforce compliance , while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. this should help making supply chains more transparent and sustainable. this benchmarking system should be based on a classification of countries to be regarded as standard or high risk. in order to ensure appropriate transparency and clarity , the commission should in particular make publicly available the data being used for benchmarking , the reasons for the proposed change of classification and the reply of the country concerned. competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. the commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a standard or high risk of producing relevant commodities and products that are not compliant with this regulation.


### (48) competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this regulation. moreover , competent authorities should carry out checks when in possession of and based on relevant information , including substantiated concerns submitted by third parties. for a comprehensive coverage of the relevant commodities and products , the respective operators and traders and the volumes of their share of commodities and products , a twofold approach should apply. competent authorities should thus be required to check on a certain percentage of operators and traders , whilst also covering a specific percentage of relevant commodities and products. such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof. ### (48) competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this regulation. moreover , competent authorities should carry out checks when in possession of and based on relevant information , including substantiated concerns submitted by third parties. for a comprehensive coverage of the relevant commodities and products , the respective operators and traders and the volumes of their share of commodities and products , a twofold approach should apply. competent authorities should thus be required to check on a certain percentage of operators and traders , whilst also covering a specific percentage of relevant commodities and products. the annual checks carried out by the competent authorities should at least cover 7% of the operators , as well as 7% of the quantity of each of the relevant commodities , with percentages being higher for relevant commodities and products from high-risk countries or parts thereof.


### (48) competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this regulation. moreover , competent authorities should carry out checks when in possession of and based on relevant information , including substantiated concerns submitted by third parties. for a comprehensive coverage of the relevant commodities and products , the respective operators and traders and the volumes of their share of commodities and products , a twofold approach should apply. competent authorities should thus be required to check on a certain percentage of operators and traders , whilst also covering a specific percentage of relevant commodities and products. such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof. ### (48) competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this regulation. moreover , competent authorities should carry out checks when in possession of and based on relevant information , including substantiated concerns submitted by third parties. for a comprehensive coverage of the relevant commodities and products , the respective operators and traders and the volumes of their share of commodities and products , a twofold approach should apply. competent authorities should thus be required to check according to a plan based on a risk-based approach covering operators and traders as well as relevant commodities and products. such checks should be higher for relevant commodities and products from high-risk countries or parts thereof.


### (51) the plan for checks should be regularly updated on the basis of the results of its implementation. those operators showing a consistent track record of compliance should be subject to a reduced frequency of checks. ### (51) the plan for checks should be regularly updated on the basis of the results of its implementation. those operators showing a consistent track record of compliance could be considered to be subject to a reduced frequency of checks. operators should support the compliance of their suppliers that are smallholders with this regulation , including through investments and capacity-building , as well as pricing mechanisms that enable a living income for the producers they source from.


### (54) while this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , protecting forests should not lead to the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. to address this , the commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. at the same time , the commission should also undertake a review of the relevant products as listed in annex i of this regulation by way of a delegated act. ### (54) as protecting forests should not lead to the conversion or degradation of other natural ecosystems such as wetlands , savannahs , steppes , mangroves and peatlands which are highly significant to global efforts to combat climate change , as well as other sustainable development goals , their conversion or degradation also require particular urgent attention. they as well are increasingly under pressure of conversion , degradation and destruction due to commodity production for the eu market. to address this , these ecosystems should also be covered by this regulation.


### (57) regulation (ec) no 2173/2005 lays down union procedures for the implementation of a flegt licensing scheme through bilateral voluntary partnership agreements (vpas) with timber-producing countries. to respect bilateral commitments that the european union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (flegt licensing stage) , this regulation should include a provision declaring wood and wood-based products covered by a valid flegt license as fulfilling the legality requirement under this regulation. ### (57) regulation (ec) no 2173/2005 lays down union procedures for the implementation of a flegt licensing scheme through bilateral voluntary partnership agreements (vpas) with timber-producing countries. to respect bilateral commitments that the european union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (flegt licensing stage) , this regulation should include a provision declaring wood and wood-based products covered by a valid flegt license as fulfilling the legality requirement of this regulation concerning the condition that relevant commodities and products may not be placed or made available on the union market , or exported from the union market if they are not produced in accordance with the relevant legislation of the country of production


### (58) while this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , protecting forests should not lead to the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. an evaluation of the need and the feasibility of extending the scope of this regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this regulation. ### (58) as protecting forests should not lead to the conversion or degradation of other natural ecosystems such as wetlands , savannahs , steppes , mangroves and peatlands which are highly significant to global efforts to combat climate change , as well as other sustainable development goals , their conversion or degradation also require particular urgent attention and should also be covered by this regulation.


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya , rubber , maize and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , including the release for free circulation and all the special customs regimes , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market of relevant commodities and relevant products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya , wood , maize and rubber (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of certain commodities , listed in annex i (“relevant commodities”) , that contain , have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”) , with a view to


### minimising the union’s contribution to deforestation and forest degradation worldwide ### minimising the union’s contribution to deforestation and forest degradation and to the conversion and degradation of other ecosystems worldwide


### minimising the union’s contribution to deforestation and forest degradation worldwide ### minimising the union’s contribution to deforestation , forest degradation and ecosystem destruction worldwide


### the regulation shall not apply to relevant commodities and products placed on the union market that were produced before the date established in article 36(1). ### the regulation shall not apply to relevant commodities and products placed on the union market that were produced before the date established in article 36(1) except for those already covered by regulation (eu) no 995/2010 that shall substantiate full compliance of this latter regulation prior to its repeal.


### (1) ‘deforestation’ means the conversion of forest to agricultural use , whether human-induced or not; ### (1) ‘deforestation’ means the conversion of forest to , in particular , agricultural or mining use , whether human-induced or not , including the conversion of primary forest to planted forest or plantation forest;


### (1) ‘deforestation’ means the conversion of forest to agricultural use , whether human-induced or not; ### (1) ‘deforestation’ means the conversion of forests to another land use , including agricultural use , whether human-induced or not. this definition also applies to the conversion of forests that were not plantation forests into plantation forests;


### (2) ‘forest’ means land spanning more than 0 ,5 hectares with trees higher than 5 meters and a canopy cover of more than 10% , or trees able to reach those thresholds in situ , excluding agricultural plantations and land that is predominantly under agricultural or urban land use; ### (2) ‘forest’ means land spanning more than 0 ,5 hectares with trees higher than 5 meters and a canopy cover of more than 10% , or trees able to reach those thresholds in situ , excluding agricultural plantations and land that is under other use , including agricultural or urban land use;


### (4) ‘plantation forest’ means a planted forest that is intensively managed and meets , at planting and stand maturity , all the following criteria: one or two species , even age class , and regular spacing. it includes short rotation plantations for wood , fibre and energy , and excludes forests planted for protection or ecosystem restoration , as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests; ### (4) ‘plantation forest’ means a planted forest that is intensively managed and meets , at planting and stand maturity , all the following criteria: one or two species , even age class , and regular spacing. it specifically includes all short rotation plantations for wood , fibre and energy. it specifically excludes all forests planted for protection or ecosystem restoration , as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests;


### (6) ‘forest degradation’ means harvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems , resulting in the long-term reduction of the overall supply of benefits from forest , which includes wood , biodiversity and other products or services; ### (6) ‘forest degradation’ means changes within a forest that negatively affect its species composition , structure , or function and reduce the forest’s capacity to support biodiversity or deliver ecosystem services , whether human induced or not;


### that the relevant commodities and products , including those used for or contained in relevant products , were produced on land that has not been subject to deforestation after december 31 , 2020 , and ### that the relevant commodities and products , including those used for or contained in relevant products , were produced on land that has not been subject to deforestation after december 31 , 2007 , and


### that the wood has been harvested from the forest without inducing forest degradation after december 31 , 2020; ### that the wood has been harvested from the forest without inducing forest degradation after december 31 , 2007;


### (28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights , environmental protection , third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; ### (28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production , land use rights , environmental protection , third parties’ rights , labour rights , as well as relevant , tax , trade , customs , payment and contract regulations under the legal framework applicable in the country of production; human rights protected under international law , in particular under any treaties and other instruments ratified or endorsed by the country of production. these include instruments protecting: the universal declaration of human rights , customary tenure rights and the right to free , prior and informed consent (fpic) , as set out among others by the un declaration on the rights of indigenous peoples , the un permanent forum on indigenous issues and un and regional treaty bodies , fao guidelines on the responsible governance of tenure of land , fisheries and forests , united nations declaration on the rights of peasants , the right to water , the right to environmental protection and sustainable development , the right to defend human rights and the environment , free from any form of persecution and harassment , united nations convention against transnational organised crime and the palermo protocol to prevent , suppress and punish trafficking in persons especially women and children , supplementing the united nations convention against transnational organized crime , labour rights as enshrined in ilo fundamental conventions , such as the freedom of association and protection of the right to organise convention (no. 87) , the right to organise and collective bargaining convention (no.98) , the forced labour convention (no. 2)) and its 2014 protocol , abolition of forced labour convention (no. 105) , minimum age convention (no. 138) , worst forms of child labour convention (no. 182) , equal remuneration convention (no. 100) , discrimination(employment and occupation) convention (no 111) , protection of the rights of indigenous peoples convention (no. 169) , women’s rights as enshrined in the un convention on the elimination of all forms of discrimination against women , the international covenant on economic , social and cultural rights , the international covenant on civil and political rights , the international convention on the protection of the rights of all migrant workers and members of their families and the ilo harassment and violence convention and other internationally recognised human rights related to land use , access or ownership , as well as the human right to a healthy environment , as defined in the framework principles on human rights and the environment and the standards and good practices identified by the un special rapporteur on human rights and the environment. where national laws fall short of international standards , operators must ensure that the above-mentioned rights are complied with.


### they have been produced in accordance with the relevant legislation of the country of production; and ### they have been produced in accordance with the relevant legislation of the country of production and international human rights , particularly rights of indigenous peoples and local communities; and


### they have been produced in accordance with the relevant legislation of the country of production; and ### they have been produced in accordance with the relevant legislation of the country of production as defined in article 2 paragraph 1 point 28; and


### description , including the trade name and type of relevant commodities and products as well as , where applicable , the common name of the species and its full scientific name; ### description , including the trade name and type of relevant commodities and products as well as , where applicable , the common name of the species and its full scientific name; for relevant products , the description shall include mention of the relevant commodities , or products derived from them , that are contained as components or ingredients , used as feed or used in the production process;


### adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production , including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity; ### adequate and verifiable information that the production has been conducted in accordance with relevant legislation as defined in art. 28 para. 1 point 28 , including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity and that the arrangement was made based on free , prior and informed consent (fpic);


### 3. the commission may adopt delegated acts in accordance with article 33 to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system. ### 3. the commission may adopt delegated acts in accordance with article 33 and commodity-specific guidance to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system as well as the measures that operators should undertake to support smallholders to provide relevant information and the safeguards to ensure smallholders retain ownership and control over proprietary data.


### the presence of forests in the country and area of production of the relevant commodity or product; ### the presence of forests and other endangered ecosystems like savannahs , steppes , peatlands , wetlands or mangroves in the country and area of production of the relevant commodity or product;


### prevalence of deforestation or forest degradation in the country , region and area of production of the relevant commodity or product; ### prevalence of deforestation or forest degradation or degration of ecosystems listed in point b in the country , region and area of production of the relevant commodity or product;


### concerns in relation to the country of production and origin , such as level of corruption , prevalence of document and data falsification , lack of law enforcement , armed conflict or presence of sanctions imposed by the united nations security council or the council of the european union; ### concerns in relation to the country of production and origin , such as level of corruption , prevalence of document and data falsification , lack of law enforcement , absence or lack of enforcement or violation of rights of , or violence against , indigenous peoples , local communities or other customary tenure rights holders , as well as human rights and environmental human rights defenders , weak governance , armed conflict or presence of sanctions imposed by the united nations security council or the council of the european union;


### the complexity of the relevant supply chain , in particular difficulties in connecting commodities and/or products to the plot of land where they were produced; ### the complexity of the relevant supply chain , in particular difficulties in connecting the supply chain of commodities and/or products to the plot of land where they were produced;


### the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has occurred or is occurring; ### the risk of mixing with products of unknown origin or produced in areas where deforestation or forest and ecosystem degradation , as well as violations of the relevant laws or human rights violations have occurred or are occurring;


### 1. in order to exercise due diligence in accordance with article 8 , operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in article 3(a) and (b). the due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence. operators shall keep record of updates in the due diligence system(s) for 5 years. ### 1. in order to exercise due diligence in accordance with article 8 , operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in article 3(a) , (b) and (c). the due diligence system shall be reviewed at least once a year and adapted to and accounting for new developments which may influence the exercise of due diligence when operators become aware of them. operators shall keep record of updates in the due diligence system(s) for 5 years.


### 1. when placing relevant commodities or products on the union market or exporting them from it , operators are not required to fulfil the obligations under article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with article 27. ### deleted


### 2. however , if the operator obtains or is made aware of any information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this regulation , all obligations of article 9 and 10 have to be fulfilled. ### deleted


### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. ### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a check plan based on a risk-based approach. the check plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the check plans , the competent authorities shall review those check plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the check plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. the review by the competent authorities and the possible reduction of frequency of checks for operators and traders shall be without prejudice to the achievement of annual checks established by article 14 (9) and article 20.


### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. ### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities may establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation.


### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. ### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan , which shall be made public , shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , previous failures of an operator or trader to ensure compliance with this regulation , the quantity of relevant commodities and products being placed or made available on the market by the operator or trader , the period of time since the risk assessment for the relevant commodities or products was completed , the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems , and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.


### 5. based on the risk analysis under paragraph 4 and any other relevant information , the competent authorities shall identify the operators and traders to be checked according to articles 15 and 16. ### deleted


### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 5% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 5% of the quantity of each of the relevant commodities placed or made available on or exported from their market. ### 9. each member state shall ensure that the annual checks carried out by their competent authorities , based on the risk analysis under paragraph 4 , cover operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as quantity of each of the relevant commodities placed or made available on or exported from their market.


### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 5% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 5% of the quantity of each of the relevant commodities placed or made available on or exported from their market. ### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 7% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 7% of the quantity of each of the relevant commodities placed or made available on or exported from their market.


### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 5% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 5% of the quantity of each of the relevant commodities placed or made available on or exported from their market. ### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 10% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.


### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation. ### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on the rapid alert mechanism or on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation.


### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation. ### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct , without undue delay , checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation.