header-logo header-logo

12 December 2022
Issue: 8007 / Categories: Legal News , EU , Environment , Climate change litigation , Regulatory
printer mail-detail

Reforms for deforestation-free supply chains

Lawyers are advising businesses to start preparing for regulatory reforms on deforestation-free supply chains.

Last week, the European Parliament and the EU Council of the EU reached a provisional agreement on a regulation on deforestation-free supply chains. Under its terms, companies must issue due diligence statements that source materials were produced on land not subject to deforestation since 31 December 2020 and comply with legislation relating to human rights, including the rights of indigenous people. The source materials affected include palm oil, cattle, soy, coffee, timber and rubber, as well as derived products such as chocolate, beef, leather and furniture.

Companies will not be able to sell products within the EU without this statement. Penalties for non-compliance will be a maximum of 4% of the total annual turnover in each member state.

Companies will also be required to collect precise geographical information on the farmland where the commodities that they source have been grown, so that they can be checked for compliance.

The European Commission will run a benchmarking system that will assess countries or areas and their level of risk. Obligations for companies will depend on the level of risk.

The regulation must now be formally adopted before it can come into force, after which operators and traders will be given 18 months to adjust. Micro and small traders will be given a longer adaptation period.

Solicitors at Osborne Clarke commented in an update that ‘even though this regulation will not come into force for at least 18 months, businesses should consider the source of their products now, and think through the systems that will need to be put in place to produce or obtain the due diligence statement.

‘In the UK, the Environment Act 2021 will place a similar duty on businesses to have a due diligence system in place and to report annually on forest-risk commodities’.

MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll