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Have the geolocation requirements of the DEFORESTATION REGULATION changed this year?

An overview of what has and has not been adjusted this year regarding the geolocation obligation under the DEFORESTATION REGULATION, and what remains a proposal rather than established law.

Short answer: the core obligation has not changed. The DEFORESTATION REGULATION still requires you to provide geolocation data for each production plot, and plots above a certain size must be submitted with a polygon rather than a single point. What has changed, and what is currently only a proposal, are two different things that are often confused.

What is established is that the entry into force dates of the regulation have been postponed. This does not affect the content of the geolocation obligation itself, but rather the moment at which you must be able to work with it. Those who want to know which date applies to their situation should read that separately, as it depends on your role and your commodity.

The obligation itself: unchanged

The regulation requires geolocation data that demonstrates which plot the commodity originates from. A point is sufficient for smaller plots; for larger ones, a polygon is required. That threshold and that system are set out in the text of the regulation itself and have not been adjusted this year. If you read that the geolocation requirements are becoming "easier", that is almost always about something else: how often and in what form you must submit those data, not whether you need them. Those who want to know exactly what geolocation data entails and how it is requested and validated in practice will find the full explanation in the knowledge base by topic.

What has been adjusted this year

The European Commission has made proposals over the course of this year to simplify implementation of the regulation, specifically for businesses that repeatedly purchase from the same plots and suppliers. Part of those discussions concerns the question of whether a market participant may record geolocation data from a regular supplier once a year instead of again for each individual shipment. This would save time especially for businesses with a stable, recurring supply chain.

At the time of writing, this is a proposal, not established law. It must still be discussed by the European Parliament and the Council before it becomes part of the regulation. Until then, the text as currently adopted applies, including the associated exemptions. If you want to be certain what formally applies at this moment, the official text on EUR-Lex or the competent supervisory authority is the correct source, not an announcement about a proposal.

What this means for your file

Whether or not a simplification comes about, little changes in your own records regarding the approach that makes sense: request geolocation data from your supplier early, check whether they align with the area threshold for point or polygon, and keep them together with the rest of your file. A simplification of the submission frequency does not change the question of whether the underlying data is correct and current. Those who start now with a structured file per product stream only need to adjust the submission method in case of a potential change, not set up the entire process from scratch.

The conversation with your supplier about this usually goes more smoothly if you know in advance what role you yourself have in the chain and what data specifically belongs to that. Those who have not yet clarified this can have that clarified in a few questions before the conversation with a supplier or an import partner takes place.

How to keep track of changes yourself

Because proposals at EU level can be amended, withdrawn, or delayed before becoming final, it is advisable to read announcements about "simplification" with some caution until they are incorporated into the regulation itself. For the precise status and the way in which we keep our information traceable to official sources, read more about where our information comes from. For questions that are somewhat more specific than this article, such as what happens if a proposal is adopted while your file is already in progress, the compiled guidance in the frequently asked questions is often a faster starting point than the regulation text itself.

Would you like to know how this applies to your own situation, for example because you work with multiple commodities and suppliers? Take the free role check or browse through the topics in the knowledge base; both are a good starting point to see which obligations currently apply to you, regardless of what is still in the pipeline.

This article is general information and not legal advice.