From the EU Timber Regulation to the EU Regulation on Deforestation-Free Products: Making a Difference?

The European Union (EU) has employed various instruments to fight deforestation, notably to counter climate change. In 2003, it adopted an Action Plan on Forest Law Enforcement, Governance and Trade (FLEGT), followed by the 2005 FLEGT Regulation. Because FLEGT was not successful, in 2010, the EU Timber Regulation (EUTR) was adopted. It regulated the import of timber from non-FLEGT countries. EU traders had to demonstrate through a due diligence system that such timber was produced legally, in accordance with the law of the producing countries. Whether the production was sustainable did not play a role. The regulation was poorly enforced by the EU Member States and by the European Commission. In 2023, the EU Regulation on Deforestation-Free Products (RDFP) was adopted. This regulation, sometimes referred to as the EU Forests Law, is again based on a due diligence system, with some improvements compared to the EUTR. It covers not just timber, but also other commodities that cause deforestation. It demands that these commodities are produced legally (according to the law of the producing country) and do not cause deforestation (in line with EU norms). The new regulation forces those that market products in the Union to collect loads of information from producers in third countries. By examining details of the RDFP and comparing them with the old rules and their (non-)application in practice, this Chapter investigates whether the new rules stand a chance of not just becoming yet another law on the books, but also one that can achieve its objectives in practice. A key factor, based on past experiences, is whether the EU Member States and the Commission will apply and enforce the new rules better than the old EUTR rules. It also depends on producing countries and their producers: they would need to adjust their policies and actions in order to continue exporting to the European Union.