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A Concise Guide To The European Union Deforestation Regulation (EUDR)

SECTION 1: ABOUT EUDR

As the world’s largest trading bloc, the European Union (EU) is a primary consumer of agricultural commodities. This includes commodities grown in tropical countries such as palm oil, timber, cocoa and coffee. However, EU’s ever-growing demand for food, feed, fuels and biomass has led to increased production of these commodities, resulting in an expansion of agricultural land globally. This global expansion for agricultural commodities has been identified as the main driver for deforestation and forest degradation globally.  

Recognising its impacts on deforestation globally due to its market demands, the EU Commission has proposed a Regulation in 2021 to minimise EU-driven deforestation and forest degradation. This was later legislated in the form of the EU Deforestation Free Regulation (EUDR), which entered into force on 29 June 2023. This regulation is part of EU’s Green Deal objectives, which outlines its ambitions to be climate neutral by 2050. Compliance starts on 1st January 2025.  

The complete EUDR document can be found here: Regulation - 2023/1115 - EN - EUR-Lex (europa.eu) 

EUDR aims at minimizing EU consumption of commodities and products coming from supply chains associated with deforestation or forest degradation, and increasing the EU demand for and trade in legal and deforestation-free commodities and products.  

  • Minimising EU’s contribution to deforestation and forest degradation worldwide, in order to reduce greenhouse gas (GHG) emissions and biodiversity loss, especially endangered species. 
  • Minimising deforestation and forest degradation risk of products from supply chains associated with deforestation and forest degradation entering the EU market. 
  • Increasing demand for deforestation-free and legal commodities and products in EU 

Seven commodities are affected, namely palm oil, cattle, cocoa, coffee, soy, timber, rubber and the commodities’ derivatives. The list of commodities here will be regularly reviewed and updated, taking into account new data such as changing deforestation patterns.  

However, the EU has informed that "the exact list of products is to be found in Annex I. Products not included in Annex I are not subject to the requirements of the Regulation, even if they contain relevant commodities in the scope of the Regulation. For example, soap will not be covered by the Regulation, even if it contains palm oil".  

To verify if the said product is affected by the EUDR, refer to the list of products and its Customs Code in the Annex I below: 

                     

Source: EU 

More information on the EUDR scope can be found here: Scope - European Commission (europa.eu) 

These are the key EUDR requirements that would impact both operators and producers alike: 

  • Article 3 (Prohibition), which requires commodities and relevant products to be deforestation-free, legally produced and covered by a due diligence statement. 
  • Article 8 (Due Diligence) stipulates that EU operators and traders placing relevant products on the EU market will need declare through a due diligence statement that their products entering the EU are both deforestation-free (produced on land that has not been subject to deforestation after 31 December 2020) and legal (produced in accordance with the relevant legislation of the country of production).  
  • Article 9 (Information Requirement) which requires supply chain traceability and transparency, including geographical information on the commodities source of origin. There is an obligation to precisely provide the geo-location of the plot of land involved in the production/farming of the products & commodities for each shipment, to ensure that these products can be traced back to its areas of origin, and verified if it meets the EUDR requirements. 
  • Article 29 (Assessment of Countries), where the Country Benchmarking System will assess producing countries / parts thereof’s level of risk of deforestation and forest degradation to be either “High-Risk”, “Standard Risk” or “Low-Risk”. “High-Risk” countries will be subjected to higher frequency of audit checks by Competent Authorities, and more due diligence efforts by operators and traders. 

 

More information of the operators obligations can be found here: Due Diligence - European Commission (europa.eu) 

More information on the Country Benchmarking can be found here: Benchmarking & Partnerships - European Commission (europa.eu) 

Entry of products linked to deforestation will be prohibited and all products linked to deforestation will be withdrawn if they are already present on the EU market. Fines will be imposed a minimum of 4% of the annual turnover of the operator in the EU. 

EU operators and traders placing relevant products on the EU market will need to comply with the new rules as of 30 December 2024, while EU SMEs will have six additional months (by 30 June 2025). 

SECTION 2: HOW IS MALAYSIA / THE MALAYSIAN PALM OIL INDUSTRY AFFECTED?

Palm oil is one of the seven commodities covered by the EUDR. In Malaysia, palm oil makes a significant contribution to the economy, particularly the rural economy, due to the large number of smallholder farmers included in the production base.  

The EU is also a significant export market for Malaysian palm oil (ranking third after India and China), importing 2.66 million tonnes of palm oil and palm products from Malaysia in 2023. As Malaysian exporters and stakeholders prepare for the forthcoming implementation of the EUDR and compliance with its requirements, significant financial and technical investments have been made (to meet the EUDR requirements), focusing on geolocation, legality information, and supply chain traceability.  

However, many small farmers in the palm oil supply chain face difficulties and risk exclusion from the supply chain. Providing the necessary due diligence information also remains challenging due to the complexities of the palm oil supply chain. 

The EUDR is potentially a non-tariff barrier imposed by the EU which curtails free market access and discriminates against Malaysia's impacted commodities, especially palm oil. It prevents an open access market and affects its consumer perception. The requirements will also translate to additional financial and manpower costs for the Malaysian companies, especially its smallholders. 

It is anticipated to significantly impact palm oil use in the EU, and might create a negative image for Malaysian palm oil and potentially reducing exports globally.  

Small farmers are particularly at risk, as the regulation's stringent demands on traceability and geolocation may hinder their access to the European market, jeopardizing livelihoods and undermining UN Sustainable Development Goals (SDGs). 

The EUDR benchmarks countries based on deforestation rates and agricultural land expansion. If Malaysia is classified as a high-risk country, it could result in reduced commodity purchases by the EU, increased operating expenses for due diligence, negative perceptions from European consumers, and potential trade barriers. This would raise production costs for palm oil producers, especially smallholders, impacting food and energy costs and diminishing the quality of life for Malaysian farmers. 

In order to address the EUDR challenges and ensure an unrestricted trade access for Malaysian palm oil, MPOC and the Malaysian Government is engaging the EU, industry members and CPOPC to ensure that the Malaysia is classified as a low-risk country, MSPO is accepted as a tool in meeting the EUDR requirements and for Malaysian palm oil to continue accessing the EU markets without additional regulatory barriers and cost. 

This include lobbying for financial and technical provisions and assistance from EU for Malaysia to meet the due diligence and traceability requirements, especially for smallholder, and positioning the Malaysian Sustainable Palm Oil (MSPO) certification scheme as a compliance tool to meet the EUDR requirements.  

Malaysia is also leveraging on multilateral engagements with producing countries to present a collective case to the EU for better negotiating position. Both Malaysia and Indonesia have held joint dialogues and engagement sessions with the EU on EUDR through CPOPC, and will continue engaging through this platform in seeking favourable outcomes for producing and countries.  

 

These are the Malaysian palm oil industry’s position in addressing EUDR: 

  • Malaysia as a Low Risk Country - Recognising Malaysia’s sustainability and forest conservation efforts / policies / commitments in EUDR’s Country Benchmarking System 
  • National Schemes Recognition - EU’s recognition of Malaysia’s national sustainability certification schemes, e.g.. the Malaysian Sustainable Palm Oil (MSPO) as a pathway towards meeting the EUDR requirements 
  • Smallholders Exemption - Ensuring that Malaysia’s smallholders are exempted from the EUDR requirements 

 

Recent engagements and assessments have indicated that the Malaysian Palm Oil industry, via its MSPO certification scheme is well-placed to become a tool that is able to meet the EUDR requirements for Malaysian exporters. 

However, there are still several constraints affecting our compliance preparations, particularly the lack of clear guidance and clarity from the EU on the EUDR’s requirements, and the sheer volume of information involved, which was further compounded by the complexities of the palm oil supply chain. 

There is an urgent need for the EU to promptly address the lack of guidance and uncertainties faced by the Malaysian palm oil industry before the EUDR enforcement date of January 1, 2025, in order to address these uncertainties. 

 

 

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